April 1, 2013 Prepared by Human Rights in China Annex A i ANNEX A: HRIC Draft Translation of the Second Periodic Report on the Implementation of the Covenant on Economic, Social and Cultural Rights by the People’s Republic of China 中华人民共和国关于 《经济、社会及文化权利国际公约》 执行情况的第二次报告 条约专要文件 Second Periodic Report on the Implementation of the Covenant on Economic, Social and Cultural Rights By the People’s Republic of China Editor’s Note: The original Chinese report included the full text of relevant articles from the Convenant. HRIC’s translation includes the article names, but omits the full provisions.
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April 1, 2013 Prepared by Human Rights in China
Annex A -‐-‐ i
ANNEX A: HRIC Draft Translation of the Second Periodic Report on the
Implementation of the Covenant on Economic, Social and Cultural Rights by the
People’s Republic of China
中华人民共和国关于
《经济、社会及文化权利国际公约》
执行情况的第二次报告
条约专要文件
Second Periodic Report on the Implementation of the Covenant on Economic, Social and Cultural Rights
By the People’s Republic of China
Editor’s Note: The original Chinese report included the full text of relevant articles from the Convenant. HRIC’s translation includes the article names, but omits the full provisions.
1. In February 2001, the People’s Republic of China [the “PRC”] ratified the International Covenant on Economic, Social and Cultural Rights [the “Covenant”]. On June 27 of the same year, the Covenant came into effect in China. On June 27, 2003, as anticipated, China submitted its Initial Periodic Report on the status of implementation of the Covenant. From April 27-29, 2005, the Committee on Economic, Social and Cultural Rights [the “Committee”] considered China’s report and on May 13 adopted its concluding observations. According to articles 16 and 17 of the Covenant and the related provisions of the Committee, China should submit its Second Periodic Report on the implementation situation of the Covenant to the Committee via the Secretary-General before the June 30, 2010. 2. Following the Compilation of Guidelines on the Form and Content of Reports to Be Submitted by States Parties to the International Human Rights Treaties (HRI/GEN/2/Rev.5) and the Committee’s newly amended Guidelines on Treaty-specific Documents to Be Submitted by States Parties under article 16 and 17 of the Covenant (E/C.12/2008/2), China composed its second report on the situation of implementing the Covenant. Contents such as legal regulations and policy mechanisms that were already incorporated into the Initial Periodic Report but not amended or updated are not repeated in this report.
3. This report introduces China’s situation and progress on implementing the Covenant from 2005 to 2009, with emphasis on the situation from national legislative and judicial practice, including aspects on existing difficulties and problems. This report contains three parts: the first part covers China’s situation and progress on enforcing the Covenant and was written by the PRC central government; the second part covers the Hong Kong Special Administrative Region’s situation and progress on enforcing the Covenant and was written by the Government of the Hong Kong Special Administrative Region; the third part covers the Macau Special Administrative Region’s situation and progress on enforcing the Covenant and was written by the
Government of the Special Administrative Region of Macau. 4. The Chinese government paid attention to the Committee’s concluding observations on its consideration of China’s Initial Periodic Report in the process of formulating and realizing the Eleventh Five-Year National Economic and Social Development Plan (from 2006-2010), fully considered the requirements of the Covenant and the sensible recommendations of the committee, and made great efforts to turn them into policy measures conformed with the Chinese situation. The main recommendations of the Committee, such as the formulation of a National Human Rights Action Plan, have already been implemented. This report not only introduces the enforcement situation on relevant clauses, but also responds to relevant recommendations made in the Committee’s concluding observations. 5. In order to properly accomplish the work related to the Second Periodic Report, in October 2009 the Chinese Ministry of Foreign Affairs took the lead in establishing a report-writing inter-departmental working group. Member units included almost 30 legislative, judicial, and administrative departments; in the process of writing the report, the working group consulted the opinions of nearly 20 national non-governmental organizations [“NGOs”] and academic and research institutions. When each department was drafting materials in its field of competence, they separately consulted the opinions of academic and research institutions and NGOs in that field. The report also widely solicited the opinions of the people via the website of the Ministry of Foreign Affairs. 6. In order to improve the quality of the report, in February 2010, China and Australia jointly hosted a seminar on writing compliance reports, assisting all of the writing departments to understand the United Nations [UN] demands on writing the compliance reports and the committee review process. 7. The Chinese government pays attention to the wide popularization and promotion of the Covenant and via the media strengthened the public’s understanding and participation in the content, writing of compliance reports, and state-party’s ongoing review of the
Covenant. During the second half of 2010, the UN Association of China will host a knowledge competition on the Covenant via the Internet and increase awareness among the Chinese people. I. Article 1: Self Determination
8. In its Initial Periodic Report, China stated that, since the founding of the People's Republic of China, all power of the State belongs to the people, the Chinese people have become the masters of the country and the beneficiaries of the means of production and the wealth of society through a nationwide land reform and other democratic reforms. China executes the people's congress system and the Chinese people exercise State power through the National People's Congress and the local people's congresses at different levels. The Chinese people are able to independently decide important political, economic, social and cultural matters of the country, and have full enjoyment of the right to self-determination. Related provisions in the Constitution and institutional arrangements have been included in its Initial Periodic Report , and will not be repeated here. II. Article 2: Measures Taken to Guarantee the Full Realization of Rights
9. China’s Initial Periodic Report clarified the situation on the legal system that promotes and protects citizens’ economic, social and cultural rights, on international economic and technological cooperation, and on safeguards of the legitimate rights and interests of foreigners in China. Those related content will not be repeated here. Since China submitted its Initial Periodic Report on the implementation of the Covenant in 2003, it has adopted the following new legislation and initiatives in the above areas:
1. New Legislation, Plans and Measures
10. (1) March 14, 2004, the second meeting of China’s Tenth National People's Congress adopted an amendment to the Constitution to explicitly include the principle of "state respect and safeguard of human rights" into the Constitution. [The concept] of "Human rights into the Constitution" has a long-term impact on China's human rights cause, signifying that the construction of human
rights and the rule of law in China has entered a new historical stage of development. 11. (2). In order to implement such a constitutional principle, the State has further improved the system of human rights protection and integrated human rights development strategies into its national economic and social development strategies. In March 2006, the Chinese National People's Congress passed the Eleventh Five-Year National Economic and Social Development Plan (from 2006-2010). It lists development goals and roadmaps in various fields of social and cultural areas from 2006 to 2010, including building a new socialist countryside, promoting coordinated regional development, building up a resource-saving and environment-friendly society, giving priority to the development of education, improving the health of the people, and strengthening cultural construction. 12. (3). The Committee on Economic, Social and Cultural Rights, when reviewing China's initial period report on the implementation of the Covenant in 2005, recommended that China formulate a "National Human Rights Action Plan”. In April 2009, China issued the first “National Human Rights Action Plan (2009-2010). This is the first national plan on the theme of human rights. It covers all areas of citizens’ civil and political, as well as economic, social and cultural rights, including working objects and specific measures over two years concerning the right to work, right to abasic standard of living, right to social security, right to health, right to education, cultural rights, environmental rights, protection of farmers' rights and interests, protection of human rights in the reconstruction after the Sichuan earthquake, protection of ethnic minorities, women, children, the elderly and the disabled. Social groups, non-governmental organizations, the media and the public actively participated in the promotion and implementation of the Action Plan. In early December 2009, the Chinese government had a mid-term evaluation of the Plan's implementation, the results of which show that all the planned goals and tasks are realized as scheduled, while the degree of implementation of most quantitative indicators which require two years to complete reached 50percent, some 65percent, and [this] has laid a good foundation for the full completion of the
planned objectives and tasks. 13. In addition, since China submitted the initial periodic report on the implementation of the Covenant, it has further improved the legal system for the protection of economic, social and cultural rights. Legislation and implemention involving specific rights will be addressed in relevant articles of the Covenant. II. International Cooperation in the Human Rights Field (1) Assistance to China 14. 2006-2010, China received US$308 million of funding assistance from the United Nations Development Programme, the United Nations Children's Fund, and the United Nations Population Fund. Projects funded involve supporting China to build a moderately prosperous society, poverty alleviation, equitable development and public governance, advocacy on children's knowledge and policy development, health and nutrition, basic education and child development, reproductive health, AIDS prevention, gender equality, and South-South cooperation. In the above areas, the Chinese government and United Nations agencies carried out a lot of fruitful policy research, which has provided important references for the formulation of relevant national policies. Since 2005, through bilateral channels, China accepted a total of$ 727 million in assistance and entered into cooperation on 118 projects. International development assistance projects made a positive contribution to the economic development in China's western region, narrowing the gap between eastern and western regions, and promoting China's comprehensive, coordinated and sustainable economic and social development; the assistance strongly supported China’ commitment to implement the Covenant on Economic, Social and Cultural Rights, and raised the level of Chinese citizens’ enjoyment to economic, social and cultural rights. (2) China's Foreign Aid 15. Following the principles of equality and mutual benefit without attaching any political conditions, China sincerely helps recipient countries to develop their
economy and to promote social progress. Since the 1950s, China has provided assistance within its capacity to more than 120 developing countries and territories in total, which supported more than 2100 projects, covering agriculture, industry, transport, communications, water conservancy, culture, education, health, and various other fields. China also unconditionally wrote off or forgave 380 debts from 50 Heavily Indebted Poor Countries (HIPCs) and Least Developed Countries (LDCs), reducing their debt burdens. China’s assistance towards other developing countries brought tangible benefits to the people of those recipient countries and played a positive role in improving their socio-economic conditions, enhancing their ability of self-development, increasing employment and income, and eradicating poverty. 16. In recent years, with the continuous development of China's domestic economy, China has gradually increased its foreign aid. To strengthen South-South cooperation, President Hu Jintao announced in succession five policy measures towards developing countries in September 2005 at the High-Level Meeting on Financing for Development at the United Nations Summit and eight policy measure towards Africa in November 2006 at the Beijing Summit of the Forum on China-Africa Cooperation, focusing on strengthening cooperation in agriculture, medical and health, education and other livelihood projects. China insisted that "Promises must be kept and actions must be resolute”, and rapidly implemented its commitments and made efforts to expand the range of benefits, which was warmly welcomed by developing countries and highly appraised by the international community. 17. In September 2008, Chinese Premier Wen Jiabao delivered a keynote speech at the U. N. High-Level Meeting on the Millennium Development Goals (MDGs) announcing that China stands ready to provide six types of assistance to other developing countries in the coming five years, in such fields as agricultural productivity, food aid, health care, education and training, clean energy development, loan cancellation, and zero-tariff treatment. In November 2009, Premier Wen Jiabao, at the Fourth Ministerial Conference of the Forum on China-Africa Cooperation, announced that in the coming three years,
the Chinese government would provide eight types of new assistance to African countries in environmental protection, clean energy, scientific research, preferential loans, debts cancellation, agriculture, medical care and health, training, cultural exchanges and other fields. China will earnestly implement the above initiatives. 18. (3) With respect to protecting economic, social and cultural rights, China has maintained good cooperation with the Office of the High Commissioner for Human Rights (OHCHR), the International Labour Organization (ILO), the World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO) and other relevant international bodies. Since the signing of the Memorandum of Understanding on human rights cooperation between China and the OHCHR in 2000, both sides have carried out six cooperative programs in three major areas: ratification of the International Covenant on Civil and Political Rights, implementation of the International Covenant on Economic, Social and Cultural Rights, and human rights education. Among these, both sides held two “Training Courses To Strengthen Civil Society's Participating In the Country’s Implementing the Human Rights Conventions” in September 2007 in Geneva and in March 2008 in Beijing, and an “International Symposium on the Justiciability of Economic, Social and Cultural Rights” in March 2008 in China. The above projects promoted the understanding of applying provisions of the International Covenant on Eeconomic, Social and Culture Rights in the domestic law by Chinese relevant legislation, judicial and administrative departments and academic research institutions. III. Non-Discrimination
19. China has ratified a series of international human rights conventions against discrimination. The Chinese legislature believes that it is very complicated to formulate a unified definition of "discrimination" and that specific legislations prohibiting potential discrimination and problems would be more targeted, workable and conductive to protecting the rights and interests of special groups and to putting [the principle] of “prohibition of discrimination” into practice.
20. With regards to the respect, protection and realization of rights provided in the Covenant, China has consistently adhered to the principle of non-discrimination. Chinese citizens are equal before the law, and have equal enjoyment of rights provided in the Covenant. China’s Constitution, Law on Regional National Autonomy, Law on the Protection of Rights and Interests of Women, Law on Protection of the Rights and Interests of the Elderly, Law on the Protection of Minors, Law on the Protection of Disabled Persons, and Employment Promotion Law all clearly prohibit any discrimination based on ethnicity, religion, gender, age, disability, and other grounds, [They] have provisions on specific application of the principle of non-discrimination in the related fields, and protect the interests of special groups. IV. Response to the Recommendations in the Concluding Observations
(1) Paragraph 41 concerning the Establishment of a National Human Rights Commission
21. China has not yet set up a national human rights commission according to the Paris Principles, but many departments bear similar responsibilities. The Standing Committee of the National People's Congress and government departments at all levels have Petitioning Office [also known as letters and calls] that accept, investigate and handle complaints. Inspection and supervision departments are responsible for monitoring the behavior of government agencies and officials. China is willing to study further the issue of establishing national human rights institutions according to the Paris Principles. (2) Paragraph 42 on Encouraging to Use the Covenant as a Source of Law in Domestic Courts in Paragraph 42 22. China has always abided by the principle of commitment to treaties, and strived to take all appropriate measures to seriously fulfill international treaty obligations concluded or acceded to by China, including the International Covenant on Economic, Social and Cultural Rights. However, in accordance with the traditional practice of applying international treaties in
China, international treaties are not directly used as legal basis for cases in China’s courts and there is no exception for international human rights treaties; rather, [they] are applied only after they became domestic laws through the legislative process. China has always attached great importance to the protection of citizens' economic, social and cultural rights. There are specific provisions in many Chinese laws and administrative regulations that ensure Chinese citizens enjoy economic, social and cultural rights and establish strict legal liabilities for violation of citizens’ rights mentioned above, thereby forming a comprehensive domestic legal system in line with the Covenant. People's Courts apply Chinese laws when handling cases involving citizens’ economic, social and cultural rights and have been able to ensure citizen's relevant rights are effectively protected and that the spirit and provisions of the Covenant are realized in practice. (3) Paragraph 45 concerning the Protection of the Rights of Refugees
23. China is a state party to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees, China attaches importance to the cause of international refugee protection and to cooperation with the United Nations High Commissioner for Refugees (UNHCR), and has supported efforts made by the international community to seek a permanent solution to the refugee problem. [It] has provided international protection to refugees within its capacity, guaranteed their legitimate rights and interests to the greatest extent, and never adopted policies which discriminate against them based on their race, color, national origin or ethnicity. 24. The Chinese government and the UNHCR maintain close communication and cooperation on the resettlement of Indo-Chinese refugees. Since 1978, the Chinese government has received nearly 300,000 Indo-Chinese refugees based on humanitarian ground. In the 30 years since, the Chinese government, based on the principle of “equal treatment, non-discrimination, equal pay for equal work ", invested a total of about 900 million U.S. dollars of funds and provided Indo-Chinese refugees basic protection of their livelihood, production, employment, education, health care and others. It helped refugees to
become self-reliant and integrate into the local community as soon as possible, and facilitated refugees’ reunion with their relatives when conditions are met and their voluntary repatriation. To ensure greater convenience for refugees in their work and livelihood, the Chinese Government also issued identity documents to Indo-Chinese refugees in China. In addition, in cooperation with the UNHCR, Chinese government carried out the “revolving fund scheme” to provide loans to state-owned farms and enterprises so that they can provide employment opportunities to refugees. These efforts made by the Chinese government contributed to the permanent solution to the problem of Indo-Chinese refugees in China and to maintenance of regional peace and stability. 25. In addition to the Indo-Chinese refugees, the Chinese side also maintains good cooperation and relations with the UNHCR on other issues. In recent years, China and the representative office of the UNHCR jointly carried out a series of cooperation projects. In 2005-2009, they co-organized annually trainings or seminars involving refugee crisis emergency relief, refugee legislation, and refugee determination procedures. China will continue to support the work of international protection of refugees, and is willing to strengthen cooperation with the UNHCR and its representative office. (4) Paragraph 69 concerning the Consideration of Obligations under the Covenant When Negotiating International Finance and Trade Negotiations 26. As a member of the Group of Twenty (G20), China actively participates in international cooperation in response to crisis and promotes world economic recovery and sustainable growth. In this process, the Chinese government has attached importance to fulfill its obligations under the International Covenant on Economic, Social and Cultural Rights, and has pushed the London and Pittsburgh summits to achieve positive and pragmatic results in promoting employment, supporting the most vulnerable groups, and advancing equitable development. When participating in the negotiations of international economic and trade organizations and regional trade agreements, according to the actual situation of China’s own economic, social and cultural
development, the Chinese delegation coordinated and listened to comments and suggestions from relevant domestic departments dealing with economic, social and cultural matters, to ensure the negotiation process and results are conducive to the Chinese people's enjoyment of their economic, social and cultural rights and that all people, especially those in poor regions, benefit from China's economic development and social progress, as well as from international financial and trade cooperation. 5. Difficulties and Challenges Facing China
27. China is still a developing country. Although China’s overall economy has ranked among the top in the world, the per capita level is still ranked below100 globally. The developments between urban and rural areas and between regions are unbalanced. The per capita share of resources is low and economic and social development is still subjected to resources, energy, environment constraints and other bottlenecks. According to China's current poverty line standard (annual per capita income of 1,196 yuan), there are still 35.97 million poor people and development of various social undertakings in poverty-stricken areas still lags behind; social security system needs to adapt to an aging population, accelerated urbanization, diversification of forms of employment, rising prices and other conditions; the contradictions between the level of health care development and health needs of the people is relatively pronounced; protection of the rights of people with disabilities and other special groups are still under pressure; the level of human rights awareness and capacity to govern in accordance with the law among state employees, especially staff from the local governments, need to be improved. 28. Even though the Covenant has come into force in China, it does not mean that all its articles have been fully realized. The degree of enjoyment of certain rights still does not meet the requirements of the Covenant. However, China will, based on the Covenant and to the maximum of its capacity, take steps to gradually achieve the full realization of the rights recognized in the Covenant. III. Article 3 – Gender Equality
1. Improve the Legal System that Safeguards Women's Rights and Interests 29. On August 29, 2005, the NPC Standing Committee adopted a decision on amending the Law on the Protection of Rights and Interests of Women, which further strengthened the protection of women's rights and interests including political rights, cultural and educational interests and rights, labor and social security rights, property rights, personal rights, and marriage and family rights. The amended Law on the Protection of Rights and Interests of Women improves women's participation in politics, highlights the protection of rural women's land contracting and related economic interests, adds provisions that prohibit domestic violence against women, expands the range of protection of women's personal rights, adds the right to honor, right to privacy, and new content that focuses on the prevention of gender discrimination in employment and special labor protection for female workers. With the implementation of the amended Law on the Protection of Rights and Interests of Women, as of November 30, 2009, 29 provinces, autonomous regions and municipalities in China re-enacted or amended their implementation measures and effectively incorporated the law into the governments’ duties. 2. Policies and Measures to Protect Women's Rights and Achievements
(1) Formulate Government’s Plans to Protect and Promote Women's Development
30. In 2001, the Chinese government promulgated an Outline Program for the Development of Chinese Women (2001-2010) which includes 34 major goals and 100 policy measures in six main areas: women and economy, women's participation in decision-making and management, women and education, women and health, women and laws, and women and environment. In May 2007, the State Council’s Working Committee on Children and Women issued a mid-term evaluation report on the implementation of the Outline Program for the Development of Chinese Women (2001-2010. It shows the general implementation of the program is good. 31. On December 23, 2007, the State Council issued the
China National Plan of Action on Combating Trafficking in Women and Children (2008-2012). In April 2009, the State Council approved the establishment of the inter-ministerial joint conference system on combating trafficking in women and children, which defines the specific duties of member units in combating trafficking. In 2009, the Information Office of the State Council released the National Human Rights Action Plan (2009-2010), which expressly provides that the State shall take measures to further protect women’s rights. (2) Current Status and Trend of Women’s Rights and Interests Protection 32. Through unremitting efforts by different government departments, conditions for the survival and development of Chinese women have been significantly improved, and their rights to political participation, employment, education, [and] healthcare have been further guaranteed. 33. In 2008, Chinese women accounted for 21.3 percent of the total number of seats in the National People's Congress. As of the end of 2008, there were more than 15 million women cadres, accounting for 38.5 percent of the total number of cadres; among these, women accounted for 10.3 percent of all cadres on the provincial level or above and for 12.9 percent of all cadres on the bureau level, an increase of 1.3 percentage points and 0.7 percentage points, respectively, compared to the year of 2003. 34. Equal employment is women’s most basic right to life and right to development. Chinese government has always been committed to safeguarding women's right to equal employment. Since the implementation of the "Tenth Five-Year Plan”, Women’s Federations at all levels trained an estimated 3,107,000 laid-off unemployed women, while 3,841,000 women received employment placement assistance which helped 2,605,000 women be re-employed. The number of employed Chinese women has continually increased. In 2006, the number of employed women in both urban and rural areas nation-wide reached 347 million, accounting for 45.4 percent of the total employed population, and more and more women enter the computer, software, telecommunications, and financial industries.
35. China's progress in eliminating gender disparity in primary and secondary education has been smooth. In 2006, net enrollment rate for girls and boys in the primary schools respectively reached 99.29percent and 99.25percent, which meant that gender equality in enrollment to primary education has basically been reached. In 2009, net enrollment rate for girls and boys in primary schools respectively reached 99.44 percent and 99.36 percent, which shows that gender disparity in net enrollment rate in primary schools nation-wide has been eliminated. The number and percentage of women receiving higher education have grown constantly, the number of female graduate students in 2009 reached 661,000, accounting for 47.04 percent of the total number of graduate students. The difference in the average number of years of schooling between men and women has been narrowed to one year. 36. The Chinese government has included issues of improving maternal health into its national development strategies, especially setting specific goals in the "11th Five-Year Plan" to reduce maternal mortality and to improve the rate of hospital delivery. From 2001 to the end of 2008, theMinistry of Health expanded its projects on “Reducing the maternal mortality rate, and elimination of neonatal tetanus for new- born babies” from 378 poverty-stricken counties in the beginning to 1,200. In addition, China has also begun to undertake knowledge dissemination and public education work, to improve the public's scientific understanding and perceptions of maternal and reproductive health. These measures have greatly improved the level of maternal and reproductive health, while maternal mortality rate is significantly reduced, down to 31.9 female deaths per 100,000 live births in 2009. 3. Assessment of Legislation and Policy based on a Gender Equality Perspective
37. The Chinese Government has promulgated an Outline Program for the Development of Chinese Women for the periods of 1995-2000 and 2001-2010, which identifies priorities and indicators for women’s development, and has set up a special agency to monitor and assess the progress of the Outline Programme. In addition, networks
for the collection of statistical data on and the monitoring of women’s situation have been established at the level of provinces, autonomous regions and municipalities directly under the Central Government. At the same time, in performaing their basic functions, women's federations and other women's organizations represent and safeguard the rights and interests of women and promote equality between men and women. When they participated in the formulation or amendment of laws, rules, regulations and public policies, they actively assessed legislation and policies based on the gender equality perspective, and provided advice and recommendations on amendments. During 2008-2009 alone, the All China Women’s Federation provided advice and recommendations to over 50 laws and policies on the invitation from legislative bodies and received attention from relevant departments. For example, the Standing Committee of the National People's Congress adopted the Federation's suggestion on adding one chapter on "fair employment" to the "Employment Promotion Law". 4. Response to Recommendations in the Concluding Observations
(1) Paragraph 57 concerning Domestic Violence
38. Concerning the rights and benefits of marriage and family, the amended Law on the Protection of Rights and Interests of Women added provisions on domestic violence against women, and clearly articulated responsibilities of the State and relevant departments to rescue and help [women facing domestic violence]. Targeting problems such as a lack of clarity on which bodies are responsible for prevention and suppression of domestic violence and lack of operability in the sanctioning of domestic violence [in the past], [the amended law] made further supplementary provisions including, for the first time, explicitly stipulating that the State shall take measures to prevent and combat domestic violence, listing organizations and agencies that bear important responsibilities in the prevention and suppression of domestic violence, which include Public Security, Civil Affairs, judicial administration authorities, urban and rural grass-roots and mass self-governing organizations and social groups.[The law] explicitly requires these organs to rescue and provide aid to women victims in accordance with the law. As of October 2008,
the courts at all levels established over 2000 "rights protecting collegial panels” and “collegial panels against domestic violence”. Public security organs added domestic violence complaints in their "110" emergency hotlines and set up over 12,000 domestic violence complaints stations and alarm points. Judicial administrative authorities have continually increased legal aids to women; in 2007 alone, number of legal aid cases involving women’s rights handled by legal aid organizations across the country reached 47,218. Civil affairs departments continue to strengthen social assistance for vulnerable groups, including women, and established more than 100 anti-domestic violence shelters in 1376 rescue management stations. As of November 2009, 27 provinces have promulgated local regulations or policies to prevent and combat domestic violence. (2) Paragraph 49 concerning the Adoption of Public Education Measures ito Eliminate Gender Discrimination
39. Concerning public awareness education on equality between men and women, judicial administrative authorities at all levels has used a variety of methods to educate the public on laws and regulations protecting women's rights, and [as a result] society's gender consciousness gradually has increased. Targeting members of the National Coordinating Committee to Safeguard Rights and personnel in grassroots coordinating agencies, All China Women’s Federation and the Australian Human Rights Commission jointly organized specific trainings, including a high level national seminar on women’s human rights and gender, a training seminar on combating domestic violence and a seminar on Chinese women's labor and social security interests and rights, which established gender awareness and a notion of rights protection. The China Association of Women Judges organized seminars on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Law on the Protection of Rights and Interests of Women, which further improved the level of judicial work on cases of women's rights protection. The Ministry of Justice, the Ministry of Agriculture, the Ministry of Labour and Social Security, and All China Women’s Federation jointly launched "March 8" Women's Rights Defense Week activities. The
April 1, 2013 Prepared by Human Rights in China
Annex A -‐-‐ xviii
五、困难与挑战
40、由于受经济和社会发展水平等因素的制约和限制,特别是在经济结构调整和社会主义市场经济体制建立与
完善的过程中,中国促进性别平等和妇女发展面临许多
新情况和新问题:女性群体的社会分层日益复杂,女性
生存、发展和权益保障的需求呈现多样性;不同地区、
不同阶层、不同群体妇女发展的不平衡现象比较明显;
历史文化中残存的男女不平等的陈规陋习尚未完全消
除,侵犯妇女权益的现象在一些地区仍然不同程度地存
在。
41、针对以上挑战,中国将进一步贯彻男女平等的基本国策,依法保障妇女权益,落实妇女发展纲要的目标要
求,努力促进妇女在政治、经济、文化、社会和家庭生
活等方面享有与男子平等的权利。
四、第六条 工作权
Ministry of Justice and the All China Women's Federation jointly named the first batch of 100 “National Women's Legal Education Demonstration Points", jointly carried out the “Women's Legal Aid Action in China” to provide legal assistance to women in the mid-west, women in poor areas, and women migrant workers. All China Women’s Federation has set up Women’s Legal Education Groups, initiated mass lectures to popularize the law among women and vigorously carried out legal dissemination and education for women. Focusing on rural and migrant families, [All China Women’s Federation] established 100 “ Peace Home for Migrant Women”, named 1000 "Zero Family Violence Demonstration Areas” and donated law booklets to female migrant workers. 5. Difficulties and Challenges
40. Due to constraints and limitations imposed by such factors as the level of economic and social development, especially during the process of economic restructuring and establishing and improving a socialist market economic system, China faces many new situations and new problems when promoting gender equality and women's development, including: social stratification of women’s groups is increasingly complex, women’s needs for survival, development and rights protectionare diversifying; imbalances in development between different regions, different walks of life, and different groups of women are obvious; remnants of stereotypes and inequality between men and women in Chinese history and culture have not been completely eliminated, and phenomena of violations on women's rights and interests still exist in some areas to varying degrees. 41. To meet the above challenges, China will further implement the basic national policy of gender equality and protect women's rights in accordance with the law, realize the objectives and requirements in the Outline Program for the Development of Chinese Women, make efforts to promote women to enjoy equal rights in the fields of politics, economics, culture, society, and family life.
42. China has a huge population and labor force. The government adopts proactive employment policies; implements guidelines that allow workers to choose their own work, market forces to regulate employment, and government to facilitate employment; and strives to create employment opportunities for workers. The situation of safeguarding citizens' right to work in recent years is described below: (1) The Employment Promotion Law 43. In 2007, China promulgated the Employment Promotion Law, which legally establishes a policy regime to promote employment and re-employment, as well as long-term mechanisms for their institutional protection. The Law clarifies the system of employment assistance and public employment services, and lays down specific standards for realizing equal employment, eliminating employment discrimination, safeguarding the right of various groups to equal employment. Content includes: increasing State funding, allocating State budget specifically for employment promotion; giving tax breaks to qualified enterprises and persons, and small loans and other support to people who are self-employed or starting a new business; coordinating efforts on creating employment for new urban labor forces, transfer of employment for rural surplus labor forces, and re-employment for the unemployed; providing assistance and services to flexible employees; establishing a sound employment assistance system; making the unemployment insurance system work well and strengthening the prevention, regulation and control of massive unemployment; and supporting economic development of ethnic areas. 44. In recent years, overall employment grew steadily, the employment structure continuously, and urban employment rate held relatively level. At the end of 2009, 779,950,000 people were employed in the entire country (730,250,000 were employed at the end of 2001), representing an employment expansion; among them were 311,200,000 urban employees, 39.9 percent of the total (239,400,000 employees at the end of 2001 or 32.8 percent), 468,750,000 were rural employees or 60.1
percent of the total (490,850,000 employees at the end of 2001, or 67.2 percent). In 2009, 22.6 percent of urban employees worked for state-owned and collective units (37.3 percent at the end of 2001); in 2003-2007, approximately 25 million unemployed state-owned and collective units workers were re-employed. At the end of 2009, the percentage of persons employed in the primary, secondary and tertiary industries were respectively 38.1 percent, 27.8 percent and 34.1percent; the employment percentage in primary industry continued to decline whereas that in secondary and tertiary industries was on the rise. From 2003-2009, urban unemployment rates on record were 4.3 percent、4.2 percent、4.2 percent、4.1 percent、4.0 percent、4.2 percent、4.3 percent. 2. Respond to the Financial Crisis, Stabilize and Expand Employment
45. In response to the serious impact on Chinese employment caused by the global financial crisis, the Chinese government promptly implemented a package of measures to expand domestic demand and maintain a stable and relatively quick pace of development, including even more proactive employment policies. 65percent of a total fund of four trillion yuan was used on safeguarding and improving livelihood. The 2009 budget allocated 42 billion yuan for employment, a 66.7 percent increase from 2008. Specific measures to stabilize and expand employment include: encouraging enterprises to recruit and employ more people through tax breaks and social security subsidies, maximizing the impact of state investment and large-scale projects on greater employment, supporting the development of labor-intensive enterprises especially small/medium enterprises in order to increase employment; creating a good environment for persons looking for jobs or starting up a new business, through policies such as tax cuts, small loans, and interests subsidies and by providing entrepreneurship counseling services; collect and publish accurate and effective vacancy information in a timely manner, and respond to the employment needs of urban and rural job-seekers by providing free public services including job placement, career guidance, aptitude tests, policy consultation, and employment/unemployment registration.
46. Following the financial crisis, employment in China has improved quarterly in 2009 and better than expected. The number of employed people in urban areas is steadily rising again, the trend of enterprise job losses has been halted, and employment among three major groups—college graduates, rural migrant workers and persons having difficulties in finding employment—is largely stable. In 2009, 11.02 million people were employed in urban areas, 5.14 million people were re-employed after being laid off, 1.64 million people were having difficulties in finding a job; these respectively represented 122 percent, 103 percent and 164 percent of annual targets. By the end of 2009, 9.21 million people registered their unemployment, the employment rate on record was 4.3 percent, and employment rate for high school graduates was 87 percent. (3) Ensure Equal Employment Opportunities for Special Groups and Regions 47. China takes note of paragraph 50 in the Committee's Concluding Observations, concerning a recommendation on ensuring equal work for special groups and regions. China attaches importance to safeguarding the right of citizens to equal employment, especially on expanding employment support to special groups and ethnic minority areas. 48. Promulgated by the State Council in 2007, the Regulation on the Employment of the Disabled clearly provides for measures to protect and promote employment for people with disabilities; for example, the Regulation obliges employing units to ensure that disabled employees make up no less than 1.5percent of the total number of staff. Local governments have introduced a series of policies to advance employment for persons with disabilities and implemented many measures, including support for flexible employment for persons with disabilities, community employment, social security subsidies, on-the-job subsidies, financial support, development of public welfare posts, and self-employment. Employment among persons with disabilities has been stabilized and proportionally increasingly at a steady pace, whereas individual employment is developing at a relatively fast pace. In
2009, 4.43 million persons with disabilities in urban areas were employed, while 17.57 million of them were employed in rural areas. 49. The Chinese government attaches importance to safeguarding ethnic minorities' equal right to employment and has adopted many types of measures to promote their employment, including: continuously expanding support for the employment and re-employment in ethnic areas. In 2003-2006, the central government allocated a budget of 3.6 billion yuan in employment subsidies to five autonomous regions, or 8.5 percent of the budget's total subsidies to local areas. In 2005-2006, relevant ministries provided trainings and brought to Beijing and nine other cities two delegations of 75 staff members of Tibetan employment services institutions; they also organized many training activities in Tibet to help ethnic areas to enhance the capacity of their employment services; promote employment of college graduates in ethnic areas by conducting cross-regional recruitment activities between ethnic areas and eastern/coastal provinces and cities. According to the 5th national census, the proportion of ethnic women employment increased yearly, and ethnic women make up 47 percent of all employees belonging to ethnic minorities in eight ethnic provinces and regions. 50. Basic government policies to promote the employment and re-employment of laid-off and unemployed workers of state-owned and collective enterprises mainly include: 1) create channels for employment while developing the economy and making structural adjustments. Stick to the principle of enlarging domestic demand, maintain the necessary growth speed of the national economy, actively adjusting the economic structure, enhance the capacity of economic growth to lift up employment, and use all means to expand employment. 2) Use fiscal and monetary policies to support re-employment. 3) Adjust and improve employment services, strengthen re-employment training. 4) Strengthen management of employment and regulation/control of unemployment. 5) Perfect the social security system, use unemployment insurance to help enterprises in difficulties to retain positions, by providing social insurance subsidies and position subsidies. From 2003 to 2008, local governments, through various
channels and methods, helped to re-employ more than 30 million people laid off by state-owned or collective enterprises. 51. Targeting rural migrant workers who face relatively greater risks of unemployment, the Chinese government has adopted measures to promote coordinated employment in both urban and rural areas, eliminate restrictions on cross-regional employment and entry into cities to take up work, improve the employment environment for rural migrant workers, and perfect policies on safeguarding rural migrant workers' legal rights and interests. During the peak job-seeking period when rural migrant workers travel into cities after Lunar New Year, the Ministry of Human Resources and Social Security would arrange for local governments to provide rural migrant workers three-in-one services in employment, capacity-training and rights defense, achieving relatively good results. In 2009, 149 million people found work outside of their rural base, an increase of 8.5 million from the end of 2008. 2. Vocational Training
52. Since 2005, the Chinese government has continuously enhanced various types of workers' technical capacity through special plans such as the “Urban Technical Capacity Reemployment Plan”, “Rural Labor Force Technical Capacity Employment Plan”, “Plan to Promote Entrepreneurship Through Capacity-building”, and “Special Training Plan” (Figure 1). (1) Urban Technical Capacity Reemployment Plan
53. The Chinese government initiated this plan in 2006 and proposed to provide vocational skills trainings to 20 million laid-off workers within five years from 2006-2010; the trainings had a 90percent pass rate and 60percent of those who passed were re-employed. In the process of conducting these trainings, the government made full use of various types of educational and training institutions, enhanced trainees' on-the-job adaptability and their level of vocational skills while meeting market demands, and provided vocational training subsidies in accordance with regulations. It required employment services agencies to provide laid-off workers career counseling and special employment information services
to allow them to expeditiously find work. In 2006-2008, 25 million laid-off and unemployed workers in China participated in re-employment trainings.
54. The Chinese government began to implement this plan throughout the country since 2006 and provided non-agricultural occupational skill training to 40 million rural laborers in five years. The trainings were implemented in line with the three special features among rural labor fource: organize pre-job trainings for rural middle and high school graduates before they enter university and for veterans and other new rural labor forces; organize labor services export trainings for surplus labor forces who are willing to work outside; and organize capacity-enhancing trainings for rural laborers already working in urban areas. In 2006-2008, 26.5 million rural laborers participated in these trainings. (3) Enhancing Entrepreneurship Among Urban and Rural Laborers
55. The Chinese government has implemented this plan since the end of 2005 and proposed to conduct entrepreneurship trainings to two million urban and rural laborers within five years from 2006-2010, while also widely establishing systems of social entrepreneurship services in 300 cities across the country. In 2005-2008, China provided entrepreneurship trainings to three million people, 60percent of whom successfully founded a business later on. It also had a multiplying effect in that on average for every one business founded, three jobs are created. (4) Special Occupational Training Plan
56. To address the impact of the financial crisis, in 2009-2010, the Chinese government decided to provide skill-enhancing and job switch trainings to staff of enterprises in difficulty, in order to help them stabilize employment; provide occupational skills or entrepreneurship trainings to rural migrant workers who returned to their home after losing their jobs; provide short- and medium-term skills trainings to unemployed persons (including registered unemployed university graduates, and unemployed rural migrant workers who remain in cities) and help them to be re-employed; and provide preparatory skills trainings to new labor forces to
enhance their employability. The central government budget has allocated specific financial subsidies for abovementioned employment trainings. In the first three quarters of 2009, various trainings were organized for more than 20 million people. Among these were over 2.1 million staff members of enterprises in difficulty, 8.9 million rural laborers received re-employment trainings, 1.9 million people received new labor forces trainings, 790,000 people received entrepreneurship trainings, and 3.2 million employed rural migrant workers, veterans and university students received short- and medium-term skills trainings. 3. China Still Faces Many Difficulties and Challenges in the Field of Employment 57. China has a huge population and faces tremendous employment pressure. The tension between a greater supply of and a smaller demand for labor forces will continue to exist. Employment for college graduates and other new labor forces and employment transfer among rural labor forces are particularly difficult problems. In the next few years, there will be a large imbalance of supply and demand, as 24 million people need a job in urban areas, but only 12 million jobs are added annually. The dire lack of high-skilled workers is inconsistent with the need to change the economic growth model and to optimize and upgrade industrial structures. Besides, the problem of re-employment for unemployed workers laid off from state-owned and collective enterprises has not been completely resolved, and employment problems for some regions, sectors and groups facing difficulties persist. The Chinese government will continue to consolidate relevant laws and regulations and proactively promote employment, on the basis of its national conditions. V. Article 7 – Right to Enjoy Favorable Conditions of Working
1. Enjoyment of Minimum Remuneration
(1) Minimum Wage System
58. China implements a system of minimum wage to ensure the labor and remunerative rights and interests of low-income workers. In 2007, the then Ministry of Labor
and Social Security issued the “Circular on Further Improving the Minimum Wage System,” issued the “Circular on Better Implementation of Relevant Efforts on Unemployment Insurance and Minimum Wage,” in 2008, required local governments to step up efforts to adjust minimum wage standards to ensure the scope of adjustment of these standards does not fall below the increase of consumer price indices in urban areas, and promoted reasonable wage increases for low-income laborers. Various provinces and cities have adjusted minimum wage standards in accordance with local economic and social conditions. For example, beginning February 1, 2010, Jiangsu province raised the minimum wage baselines by an average of more than 12 percent in three types of districts; for instance, in Type 1 districts such as Nanjing city and Suzhou, the minimum wage was raised from 850 to 960 yuan, an increase of 12.95 percent. Guangdong province announced on March 17, 2010 that it was raising minimum wage for enterprise workers and for part-time workers by an average of 21.1 percent, a historical high. 59. China has basically established a mechanism by which enterprise wages are determined by collective negotiation between employers and laborers, based on labor market supply and demand and linked with business benefits. Since 2006, China has greatly pushed for regional, sectoral collective wage negotiation in small private enterprises or in streets (in villages and townships), communities and industrial parks with concentration of enterprises of the same sector. As of the end of 2008, 417,000 specific agreements between employers and employees have been signed throughout the country, involving 775,000 enterprises and covering 51.1 million workers. (2) The Situation of Increasing Wage Levels for Chinese Workers
60. In the period from 2005 to 2009, on the basis of continued and fast economic growth, Chinese workers' wage levels have steadily increased, allowing many workers to enjoy tangible benefits. Average wage for staff members of urban units increased from 18,364 yuan in 2005 to 29,229 yuan in 2008, an average annual increase of 16.8 percent and a net annual average increase
of 12.4 percent when adjusted to inflation. In particular, the average wage for staff members of business enterprises increased from 17,853 yuan at the end of 2005 to 28,359 yuan in 2008, an annual average increase of 16.7 percent or 12.4 percent when adjusted to inflation. (3) Measures to Safeguard Wages
61. On June 29, 2007, the Standing Committee of the National People's Congress passed the Labor Contract Lawi, requiring employers to abide by the terms of labor contracts and national regulations and remunerate employees fully and on time for their labor. Where an employer defers paying or fails to pay the full amount of remunerations, employees may apply to the local people's court for an order of payment. If remuneration is lower than the local minimum wage, the labor administrative department is responsible to make the employer pay the shortfall. 62. On August 21, 2006, the Supreme People's Court issued the “Opinion concerning the People's Court Providing Judicial Safeguards for the Establishment of Socialist New Rural Villages”, which clearly requires the courts to promptly adjudicate and execute decisions in cases of delayed remunerations to rural migrant workers, wage disputes and five other types of civil cases. 63. In August 2006, the Enterprise Bankruptcy Lawii was promulgated to strengthen the protection of employees' rights and interests when enterprises go bankrupt. The Law stipulates that “debtors should prioritize payment of wages, social security premiums and compensations owed to employees,” and that enterprises that go bankrupt must submit to the court a plan for employee arrangement and for payment of employees' wage. 2. Equal Pay for Equal Work 64. In China, the right of employees to equal pay for equal work is protected by law. Articles 11, 18 and 63 of the Labor Contract Law require, respectively, that if the remuneration stipulated between the employer and the employee is not clear or is disputed, the remuneration shall conform to the provisions of the collective contract; that in the absence of a collective contract or if there is no
such stipulation about remuneration, the principle of equal pay for equal work shall be observed. Employees sent to work in another entity shall enjoy the right to equal pay for equal work on par with employees of that accepting entity; that if an accepting entity has no employee in the same position, the remunerations shall be determined with reference to that paid in the place where the accepting entity is located to employees at the same or a comparable position. 3. Enjoyment of Equal Work Opportunities (1) Safeguarding Various Types of Workers' Right to Work in Accordance with Law 65. The Labor Law of the PRC stipulates that “laborers shall not be discriminated against in employment due to their nationality, race, sex or religious belief.” Effective since January 1, 2008, the Employment Promotion Law of the PRC stipulates that workers “shall have the right to equal employment and to choose a job on their own initiative in accordance with the law. Workers seeking employment shall not be subject to discrimination based on factors such as ethnicity, race, gender, religious belief etc,” “the state shall ensure that women enjoy labor rights equal to those of men; when an employer recruits employees, it shall not refuse to recruit women or increase the thresholds for recruitment of women under the excuse of gender, except with respect to positions deemed unsuitable for women under national regulations,” and that “Workers of all ethnic groups enjoy labor rights. When an employer recruits employees, it shall give appropriate consideration to workers belonging to ethnic minorities.” Through these provisions, China has introduced specific regulations to safeguard equal right to work for women, ethnic minorities, persons with disabilities, rural workers in urban areas and other groups.
66. In accordance with the Labor Law, Employment Promotion Law, Regulation on Labor Security Supervision 1 and other laws and regulations, the Departments under the Ministry of Human Resources and Social Security at various levels have conducted
various forms of supervisory and enforcement activities, pressed employers to abide by national laws and regulations, and defended equality, remuneration, rest and leisure, and other types of rights and interests of various types of workers.
(2) Guarantee of Equal Opportunity for Employees to be Promoted in their Sector 67. In the last five years, the Chinese government has adopted many types of measures to guarantee equal opportunity for workers to be promoted in their sector, such as through improving laws and policies for a labor contract system, advancing the implementation of the Labor Contract Law, and strengthening guidance to enterprise employers. While supervising employers' implementation of labor laws and regulations, the government has also provided guidance to them on formulating a reasonable labor regulations system in accordance with the law, advocated for employers to place equal promotion opportunity as an important part of their regulations system and to consider mainly seniority and competence when making promotion decisions, without being influenced by factors such as sex, ethnicity, race and religious belief, so as to create an equal and just environment for upward mobility. 4. Enjoyment of the Right to Rest 68. Article 36 of the Labor Law stipulates that the “State shall practice a working hour system wherein laborers shall work for no more than eight hours a day and no more than 44 hours a week on the average.” In the last five years, China has achieved great progress in safeguarding citizens' right to rest and leisure through legislations. Issued on December 14, 2007 and effective since January 1, 2008, the “Decision of the State Council on Amending the Regulation on Public Holidays for National Annual Festivals and Memorial Days (2007)”iii adjusted the number of public holidays for all citizens from 10 to 11 days, creating two long holidays (Lunar New year and Independence Day) and five mini- holidays (New Year's Day, Qingming, May 1st, Dragon Boat Festival, and Mid-Autumn Festival). This created a favorable condition for leisure and travel for workers. Issued on December 14, 2007 and effective since
April 1, 2013 Prepared by Human Rights in China
Annex A -‐-‐ xxx
300%支付年休假工资报酬。县级以上地方人民政府人事部门、劳动保障部门应当依据职权对单位执行本条例
的情况主动进行监督检查。单位不安排职工休假又不按
照本条例规定给予年休假工资报酬的,由县级以上地方
人民政府人事部门或者劳动保障部门依据职权责令限
期改正;对逾期不改正的,除责令该单位支付年休假工
资报酬外,单位还应当按照年休假工资报酬的数额向职
工加付赔偿金;对拒不支付年休假工资报酬、赔偿金的,
属于公务员和参照公务员法管理的人员所在单位的,对
直接负责的主管人员以及其他直接责任人员依法给予
处分;属于其他单位的,由劳动保障部门、人事部门或
者职工申请人民法院强制执行。
January 1, 2008, the Regulations on Paid Annual Leave for Employees iv clearly stipulate that where an employee has served one full year but less than 10 years accumulatively, he is entitled to five days of annual leave. If he has served 10 full years but less than 20 years, annual leave is 10 days. If he has served for 20 full years, annual leave is 20 days. Units shall guarantee that employees are entitled to annual leave. Employees taking annual leave are entitled to the wages of a normal working day. Units that are unable to arrange for annual leave for employees due to job requirements may, with the consent of the employee, forfeit the annual leave. In respect of the annual leave that should have been taken but is not, units shall pay wage remuneration to such employees at the rate of 300percent of the daily wage income of such employees. Human resources departments and labor security departments of people's governments at the county level or above shall actively conduct supervision and examination on the implementation of these Regulations by units, in accordance with their authority. Where a unit fails to arrange for annual leave for employees and pay wage remuneration on annual leave in accordance with the Regulations, the human resources department or the labor security department of people's governments at the county level or above shall order rectification within a time limit. If no rectification is made within the time limit, such unit shall be ordered to pay wage remuneration for annual leave and also make additional compensation to employees on the basis of the amount of the wage remuneration of annual leave. Where no wage remuneration on annual leave or compensation is made, and the personnel of such units are public servants or if the units are administered with reference to the Public Servants Law, the person-in-charge that is directly responsible and other directly responsible personnel shall be punished in accordance with the law, if such unit belongs to other categories, the labor security department, the human resources department or the employee shall apply for compulsory implementation by a people's
69. In accordance with and authorized by Article 9 of the Regulations on Paid Annual Leave for Employees, the Implementation Measures for Paid Annual Leave for Employees of State Organs and Public Institutionvs were issued on February 15, 2008, and the Implementation Measures for Paid Annual Leave for Employees of Enterprisesvi were issued on September 18, 2008. The promulgation and implementation of these aforementioned laws and regulations provide the broad masses of workers with legal guarantees of their labor rights, right to rest and leisure, right to remuneration, enabling them to enjoy the benefits of economic development in a timely manner. Besides, in recent years, with the strengthening of the supervision of labor security work, workers' legal rights and interests with respect to work hours, rest and leaves have received concrete and effective institutional protection. 5. Responses to Relevant Recommendations in the Concluding Observations (1) Paragraph 46 concerning Equal Treatment of Rural Migrant Workers and the Hukou System 70. In January 2006, the State Council issued its “Opinions on Resolving Problems related to Rural Migrant Workers.” vii This document is a systematic work plan designed to improve treatment of rural migrant workers; it proposes 32 goals in eight areas such as “resolving the problem of low and delayed payment of wages to rural migrant workers” and “improving employment services and trainings for rural migrant workers,” the objective being the advancement the right of rural migrant workers to equal access to public services in areas such as employment, training, wage, healthcare and schooling for their children. Since the document was issued, local governments and departments have prioritized better treatment of rural migrants workers in economic and social
development and formulated clear work goals, specific duties, and supporting documents. New mechanisms for work related to rural migrant workers have been established at all levels, from the central government down to local governments. China has made notable progress in the following areas of public services and significantly protected the legal rights and interests of rural migrant workers: resolving the problems of low wage and delayed payment of wage to rural migrant workers, standardizing labor management concerning rural migrant workers and protection of their work safety, improving employment services and training for rural migrant workers, promoting their participation in social security, and strengthening efforts to enroll children of rural migrant workers in school. Effective since January 1, 2008, the Employment Promotion Law stipulates that “Rural workers who move to urban areas to seek employment shall enjoy equal labor rights on par with urban workers and shall not be subjected to discriminatory restrictions.” 71. At present, China is proactively advancing reform of the hukou system, led by the State Council, together with 14 ministries and commissions, including the Ministry of Public Security, National Development and Reform Commission, and Legal Affairs Office of the State Council, all of whom are actively conferring on matters concerning hukou reform. 13 provinces (including Hebei and Liaoning), autonomous regions, and municipalities directly under the administration of the central government, one after the other, have introduced reform measures to unified household registration systems between urban and rural areas. In early 2010, the Central Economic Work Conference made particular proposals to actively and steadily advance urbanization and relax household registration restrictions in small/medium cities and towns, with the aim of gradually resolving the problem of household registration for those rural migrant workers in long-term urban employment and enabling them to enjoy equal treatment. On
February 27, 2010, Premier Wen Jiabao was interviewed jointly by two major Chinese websites and in his online discussion with netizens, he said China's modern industrial workforce is comprised mainly of rural migrant workers, the younger generation of whom faces certain particular difficulties different from the older generation, that he attaches great importance to the problems facing the new generation of migrant rural workers, and that China would advance reform of the household registration system and help migrant rural workers who have been living and working in cities for a long period of time and who meet certain conditions to enjoy the same welfare treatment and living condition as urban residents. (2) Paragraph 48 concerning Equal Opportunities and Equal Pay for Equal Work for Both Men and Women
72. Already explained in Part 3 of the present chapter concerning legal protection of the right to work for various types of employees.
(3) Paragraph 51 concerning the Ratification of ILO Convention No. 29
73. The Chinese government consistently attaches importance to international labor conventions, and actively, prudently, seriously and responsibly study, ratify and implement them. Among the eight core ILO conventions, China has ratified the Equal Remuneration Convention (No. 100), Minimum Age Convention (No. 138), Worst Forms of Child Labour Convention (No. 182), and Discrimination (Employment and Occupation) Convention (No. 111). The Chinese government takes note of the CESCR's recommendation. In fact, we will study it further. As the Chinese economy and society continue to grow, China will gradually ratify more labor conventions and better promote the protection of labor rights.
74. In China, re-education through labor (RTL) is an administrative measure and an early crime
prevention method used to educate and correct individuals who have committed minor crimes that are not serious enough for criminal prosecution or who have repeatedly violated public security laws. The RTL system has a clear legal basis, strict legal procedures and sufficient recourse to judicial remedies. RTL Administration Committees are set up in the people's government in provinces, autonomous regions, and directly administered municipalities, and the People's Procuratorate supervises the implementation of RTL. RTL Administration Committees make decisions in accordance with RTL laws and regulations and target those who meet legal criteria in view of the facts, nature, circumstance and extent of harm of the offenses. Individuals subjected to RTL and their families have the right to know the basis of the decision and its duration. Those who disagree with a decision may apply for a review by the RTL Administration Committee in accordance with the provisions of the Trial Methods for Implementation of Re-education through Labor; they may also apply for administrative review in accordance with the Administrative Review Law or bring an administrative lawsuit before the people's court in accordance with the Administrative Penalty Law and Administrative Litigation Law; the people's court shall review the litigant's complaints and make a judgment fairly and independently.
75. From the starting point of enabling persons undergoing RTL to gain employment after serving their terms, RTL centers, in accordance with the “Decision on the Question of Re-Education Through Labor” viii , conduct occupational skills trainings and assist persons undergoing RTL to learn labor skills, enhance their employment capability, and give them appropriate remuneration. RTL centers organize training programs on computer, tailoring, sewing, appliance repair, carpentry, cooking, hairdressing, driving and maintenance, etc. Those who pass these trainings are given certificates for socially recognized technical skills. The
aforementioned measures are helpful to the social re-integration of persons who have undergone RTL.
76. In recent years, as China’s democratic and legal institution building continues to develop, relevant departments are studying and summarizing the practical experience and undertake reform and improvement of the RTL system. The Standing Committee of the National People's Congress has included RTL legislation (Law on Correcting Unlawful Actions) into its legislative plan, and relevant departments are closely studying the issue. The legislative process itself has given impetus to RTL system reform. The competent authorities in charge have put forth many important reform measures, including legal representation in RTL cases, full implementation of a hearing system, shortening of RTL duration, expansion of the scope of RTL outside of the centers, and strengthening of supervision, etc. These measures aim to ensure, through legal procedures, stricter RTL examination and approval and more humanistic implementation. 6. Work Safety
77. The public cares most deeply about work safety and considers it a direct, fundamental public interest. The Chinese government has always attached great importance to this issue and has taken a series of important policy measures to strengthen work safety and worker protection. As explained in its initial state report, China has basically provided a legal basis in the field of work safety. Besides safeguards in the Constitution, the Standing Committee of the National People's Congress specifically promulgated the Production Safety Law ix . Additionally, the Mine Safety Law, Labor Law, Labor Union Law, Coal Lawx, Electricity Law, Construction Law and other laws and regulations all contain clear and specific production safety provisions; institutionally, central and local governments have agencies to supervise and
administer work safety, have continuously strengthened a production safety monitoring and supervision system that combines both vertical and hierarchical management, and adopted specific rectification actions; the State Council promulgated the Provisions on Investigation of Administrative Responsibility for Extraordinarily Serious Safety Accidents xi , which has strengthened the responsibility system of local governments for work safety and established a legal accountability system; increased efforts at innovating the technology for work safety equipment and pressed enterprises to set up self-discipline mechanisms to ensure work safety; devoted greater energy to conduct work safety public education campaigns and trainings; strengthened international exchange and cooperation in the field of work safety. The initial state report has provided detailed explanation on the relevant laws, regulations and administrative measures, so they will not be repeated in details here. Situations in recent years are as follows: (1) Work Safety Goals and Achievement
78. The 11th Five-Year Plan passed in 2006 by the National People's Congress clearly proposed to “safeguard the people's physical security and property. Insist on safety as a first priority, focus on prevention, administer comprehensively, implement work safety accountability, strengthen business responsibility for work safety, improve work safety supervision and administration systems, strictly enforce safety standards, [and] strengthen building of work safety facilities. Concretely observe work safety in coal mines and other high-risk sectors, effectively limit major serious accidents.”
79. At present, work safety efforts have achieved clear results nation-wide. The total number of accidents and fatalities nation-wide have declined seven years in a row. In 2009, work safety nation-wide was generally stable and gradually improving. Number of fatalities in accidents have dropped to below 100,000 in 2008 and further
decreased to 90,000 in 2009, and the overall number of accidents and fatalities decreased in that time by 8.4 percent and 8.8 percent respectively; in the same period, the number of particularly serious major accidents and fatalities therein dropped by 50 percent and 56.1percent respectively. Number of fatalities resulting from work safety accidents for every hundred million GDP produced decreased by 20.5 percent. Work safety situation in mining and trading enterprises continues to improve, as fatalities in 100,000 accidents in these enterprises dropped by 14.9 percent.
(2) Work Safety Policy Measures
80.The achievement of the aforementioned results was possible because China adopted a series of major policies measures to strengthen production safety work, including the following main areas:
81. Strengthening legislative and executive efforts, guaranteeing workers lives and safety. In 2007, the Standing Committee of the National People's Congress deliberated and passed the Emergency Response Law xii , and the State Council issued the Regulations on the Reporting, Investigation and Disposition of Work Safety Accidents. To strengthen management of work safety, relevant departments, in accordance with the Work Safety Law and other regulations, formulated detailed departmental rules, including the Administrative Measures for Work Safety Training xiii (effective since February 1, 2005), Provisions on Safety Training of Production and Operation Entities xiv (effective since March 1, 2006), Provisions on the Supervision and Administration of Labor Protection Articles xv (effective since September 1, 2005), Measures for the Implementation of Work Safety Licenses for Non-coal Mine Enterprises (effective since April 30, 2009) and others. These regulations play an important role in guaranteeing the physical safety of workers and promoting production safety. For example, the Provisions on the Supervision and Administration of Labor Protection Articles
clearly require stronger and standardized supervision and administration of labor protection articles in order to ensure the safety and health of workers, and that production and business units should allocate funding for labor protection articles. Production and business units cannot use paper currency or other items to substitute for labor protection items required by the regulations.
82. To expand supervision, China has annually conducted targeted monitoring and inspection under the Work Safety Law. In 2005, the Standing Committee of the National People's Congress conducted a targeted inspection of the “implementation status of the Work Safety Law,” found some problems, and introduced rectification measures. Local work safety monitoring and supervision departments have also attached great importance to these problems and one after another formulated rectification proposals to ensure the rectification measures are properly implemented.
83. In 2009, the State Council decided to conduct activities to commemorate “Work Safety Year.” Various regions, departments and units comprehensively strengthened their work safety work and improved and implemented the measures through advancing the “three actions”--work safety enforcement, education, and management, as well as the “three institution-building”-- work safety institution, mechanisms and legal system, capacity to ensure safety, and safety supervision teams. Among these measures to enforce work safety nation-wide enforcement, authorities have investigated and punished 849,000 cases of various illegal actions and violations, closed down and outlawed 22,600 illegal production, business, construction and transportation units. In addition, a four-year safety training program was initiated for persons in positions of responsibility on the municipal, county and village levels. Two safe production working seminars were organized for city leaders.
84. In the last five years, China continued to strengthen its efforts at work safety public education, devote great energy to disseminating the idea of safety development, continuously increase the awareness of work safety among workers, and enhance capacity for safe production. In 2009, safety supervision departments at various levels, together with propaganda, public security, trade unions, media and Communist Youth organizations, under the theme of “Care for Life, Develop Safely”, began to carry out “Safe Production Month”, “Safe Production March” activities. Fora on safety development and safety laws, “Always Safe” speech contests, workers' art shows on safety, safety quiz shows, the many types of dissemination and education activities with stand-out themes like “Bringing Safety Culture to the Grassroots”, were organized in the capital and other locations.
85. Issued by the State Administration of Work Safety, the “11th Five-Year Plan Program for the Development of a Safety Culture” aims to extensively build up a safety culture, with a focus on enterprises. At present, there are more than 19,000 enterprises nation-wide that have begun to deepen their efforts to build a safety culture. More than 32,500 enterprises in 28 provinces (autonomous regions, directly-administered municipalities) began to, among others, experiment with creating work safety high-integrity enterprises; strengthen safety trainings for the three key positions of enterprises managers, safety management personnel, special operations personnel, as well as for rural migrant workers; and conduct projects to provide safety trainings to 10,000 team leaders in coal mines.
86. Consistently deepen and advance the building of safe communities, formulated and promulgated detailed rules for the evaluation and determination of safe communities, established safe community working committees, convened three conferences where safe communities were named. At present, there are more than 18,000
communities nation-wide that have begun to work on building a safe community, 124 safe communities have been named, including 23 that are designated as international safe communities.
(3) Work Safety in Coal Mines 87. The Chinese government attaches importance to the work safety problem in coal mines and has taken proactive measures to promote safe production in coalmines. The “11th Five-Year Plan Program for the Development of the Coal Industry” has a clear goal to keep the number of small coalmines under 10,000 by 2010. The government is determined to adopt measures to do away with coal production forces that are lagging behind and to crack down on illegal extraction, having already closed down more than 12,000 small coal mines that did meet safety production standards and were destroying the natural environment.
88. On December 30, 1999, the General Office of the State Council issued the “Proposals for Implementing the Reform of the Supervision and Administration of Coal Mines Safety,” and on January 10, 2000 the State Administration of Coal Mine Safety was formally established, thereby providing important institutional safeguards for advancing the continued stabilization and improvement of safety in coalmines. In the ten years since its founding, the State Administration of Coal Mine Safety has implemented in succession the “Methods to Implement Coal Industry Work Safety Licenses,” “Regulations on the Reporting, Investigation and Disposition of Work Safety Accidents in Coal Mines,” “Provisions for the Prevention and Control of Water-inrush in Coal Mines,” “Provisions for the Prevention and Control of Coal and Gas Outbursts,” and “Standards of Personal Protective Equipment for Occupational Safety and Health in Coal Mines.” It also amended the “Rules and Procedures for Safety in Coal Mines” five times to concretely safeguard the physical safety and occupation health of workers.
89. In the last ten years, the general situation of work safety in coalmines has improved. Total national output of coal increased almost twofold, but the total number of fatalities in coalmine accidents dropped from the peak in 2002 to 62.4 percent in 2009. Major accidents involving ten or more fatalities dropped from 75 cases in 2000 to 20 cases in 2009, declining by 73.3 percent. The number of fatalities for every million tons of coal produced dropped by 84.4 percent compared to 2000, or by 24.5 percent compared with a year ago, to a historic low of 0.892. (4) Difficulties and Challenges 90. In summary, the government in recent years has put in greater efforts on safety in high-risk sectors, introduced a series of policy measures, enhanced the basic safety level in enterprises, reduced the occurrence of work injury accidents, and already achieved notable results. However, China is in a period of rapid industrialization, its overall productivity is relatively low, its economic growth model relatively unconstrained, and its foundation of occupational safety weak; therefore the pressure of work safety China presently faces is quite huge. We will continue to change our economic growth model, continuously enhance the level of work safety and improve the conditions for workers' occupational safety. VI. Article 8 – The Right to Join a Trade Union 91. China’s initial report clarified that the Chinese Constitution, Labor Law, Trade Union Law, and other related laws bestow upon laborers the right to freedom of association, to form an organization, and to join trade unions. The mission of China’s trade unions is to protect the rights of laborers, to establish a sound structure for organizations of all levels, to actively develop/carry out work. To protect national security and maintain public order, and due to China’s compulsory military service, military troops and armed police on active duty are not motivated by wages and thus have not joined or organized trade unions. The relevant laws and the work
of trade unions will not be detailed here. 1. The Rights of Chinese Workers to Participate and Organize in Trade Unions
92. (1) On the legislative level, China fully protects the right of Chinese workers to participate and organize trade unions. Chinese workers and other laborers form the backbone of the country and, under the Constitution, are provided with the right to freedom of association. The Labor Law stipulates that “laborers shall have the right to participate in and organize trade unions in accordance with the law. Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and stage activities independently in accordance with the law” (Art. 7). The Trade Union Law stipulates that “all manual and brain workers in enterprises, institutions and government departments within the territory of China who rely on wages or salaries as their main source of income, irrespective of nationality, race, sex, occupation, religious belief or educational background, have the right to organize or join trade unions according to the law. No organizations or individuals shall obstruct or restrict them” (Art. 3). The Trade Union Law also stipulates legal liabilities for obstructing workers to join or organize a trade union (Art. 50). 93. (2) With respect to the structure of organizations, China’s Trade Union Law stipulates that the establishment of the “All-China Federation of Trade Unions” shall be established as the unified national organization” (Art. 10). This was a historical choice that resulted from longterm Chinese workers’ movements and developments, and a reflection of the broad wishes and requests of Chinese workers—[all of which] benefits Chinese trade unions to better represent and broadly protect the interests of workers. In the organization of trade unions and process of establishing trade unions, China is not the same as other states. Historically, China’s trade union movement developed and grew in the continuous struggle against imperialism, feudalism, and bureaucratic capitalism—and in this process the All-China Federation of Trade Unions was established. Through the organizational structure of trade unions, leadership principles of combining industries and localization were established; members of the same
April 1, 2013 Prepared by Human Rights in China
Annex A -‐-‐ xliii
会已成为世界上最大的工会组织。
94、近年来,中国工会以发展和完善基层民主制度为方向,丰富职工民主参与形式,畅通职工民主参与渠道,
积极推行以职代会为基本形式的企事业单位民主管理制
度,提高企事业单位和机关的职代会制度建制率,在中
小企业集中的地方广泛建立区域性、行业性职代会,推
动厂务、校务等公开和职工董事、职工监事制度的规范
化,组织职工依法实行民主选举、民主决策、民主管理、
民主监督,落实职工的知情权、参与权、表达权、监督
权。
95、二、近年来,中华全国总工会及其各级工会组织代表职工实行民主参与和社会监督,反映职工的意见和要
求,与政府协商解决职工群众的困难和问题,为维护职
enterprises, institutions, organizational units are to be organized in one trade union; [those from] the same industry or in similar industries, based on need, can establish national or local industry trade union organizations; provinces (autonomous regions and direct-controlled municipalities), cities, and county level create their local trade unions and the country establishes a unified national All-China Federation of Trade Unions. China’s trade unions vigorously promote the establishment of grassroots organizations. In the past five years, the number of members across the country increased on average over 15 million people per year. As of September 2009, the total membership number increased to 226 million (131 million in 2002), the number of grassroots trade unions reached 1.845 million (1.658 million more than 2002)—this covered 3.959 million enterprises and institutions, and within these included 80.148 million migrant workers. The All-China Federation of Trade Unions has become the world’s largest trade union organization. 94. In recent years, with a mission to develop and improve a grassroots democratic system, Chinese trade unions have enriched methods for workers’ democratic involvement; smoothed out channels for workers’ democratic participation; actively promoted the democratic management system in enterprises and institutions based on the basic model of workers’ congresses; improved the institutional establishment rate of workers’ congresses in enterprises and institutional organizations; established regional and industry workers’ congresses in locations with concentration of small and medium enterprises ; promoted transparency of activities in factories and schools and standardization of systems of staff as board members and supervisors; organized employees, in accordance with the law, to hold democratic elections, to formulate policies democratically, to manage democratically, and to supervise/monitor democratically; and implemented the rights of workers to information, to participation, to expression, and to supervise. 95. 2. In the past few years, the All-China Federation of Trade Unions and trade unions on various levels have represented workers in implementing democratic participation and social supervision, reflected the
opinions and demands of workers, negotiated with government officials to help solve challenges and problems workers faced, played an active and important role in safeguarding the legitimate rights and interests of workers. These are specified below: 96. (1) Promoting employment through different ways. In recent years, [trade unions] actively participated in the legislation of different laws and regulations, including: Labor Contract Law, Employment Promotion Law, Regulation on Vocational Skills Training, and Regulation on the Employment of Persons with Disabilities, and worked with relevant government departments to supervise and inspect the status of implementation. As of the end of 2009, trade unions on the county level or above across the nation established 3249 help centers to assist workers facing difficulties; from 2003 to 2009, 8.48 billion yuan in funds were raised to assist more than 34.461 million workers with difficulties. In 2009, trade unions of all levels across the country provided employment support programs to 3.6221 million migrant workers and helped 2.0723 million migrant workers find employment. Between April and September 2009, trade unions of different levels assisted 152,000 college graduates, who are family members of workers with difficulties, find employment, resulting in an employment rate of 96.4 percent for this class of college students. Between 2005 and 2009, the All-China Federation of Trade Unions, the Ministry of Human Resources and Social Security of the PRC, and the China Federation of Industry and Commerce organized, for five consecutive years, private enterprises recruitment weekly events in 100 large and middle-sized cities; a total of 4.04 million job seekers and corporations reached employment intention agreement; among them were 1.446 million migrant workers. 97. (2) Promoting the establishment and improvement of minimum wage protection system. In recent years, the work carried out involved the formulation of relevant regulations and policies, promotion of collective wage negotiations, promotion of a mechanism to jointly determine wages in enterprises, and supervision of implementation by enterprises of minimum wage regulations. Trade unions from different regions have actively participated in setting out and adjusting their
local minimum wage standards, with the intention that by the end of 2015, minimum wage would be near 40 to 60 percent of the average wage of the local community 98. (3) Helping to solve the problem of wage arrears. Problems with wage arrears at the local or enterprise level have been brought before the government, the National People’s Congress, and the People’s Political Consultative Conference, solutions and recommendations were raised. Along with relevant government departments, investigations were conducted on the situation of payment to workers, including migrant workers; complaints of workers and migrant workers were received through complaint windows and hotlines, helping them recover unpaid wages, and providing them with timely and necessary legal assistance and consulting services. The All-China Federation of Trade Unions actively participated in the reform of State-owned enterprises, and promoted the May 2005 establishment of 11 centralized departments to solve the problem of wage arrears through an inter-departmental contact conference system. Through the efforts of different parties, by the end of 2007, state-owned enterprises paid almost all past wage arrears. Trade unions of all levels have actively promoted the “Monthly Clearing” of wages for migrant workers; in the past five years, the amount of cleared wage arrears has amounted to close to 10 billion yuan. 99. (4) Promoting foreign-funded enterprises to establish trade unions. In 2006, trade unions of different levels in China promoted the establishment of trade unions inside Chinese branches of American-based Wal-Mart Inc., which has long refused trade unions. In 2008, the All-China Federation of Trade Unions started promoting the establishment of trade unions in the world’s top 500 multinational corporations, which have operations in China. This led to an increase of trade unions from 43 percent to 85 percent, with members increasing to 2.25 million people from 1.87 million. As of the end of September 2009, 120,000 foreign-funded corporations (including Hong Kong, Macao, and Taiwan) established trade unions – with an establishment rate of 78.7 percent. In the private sector, 1.555 million corporations established trade unions, reaching 76.7 percent. 100. (5) Actively expanding foreign exchanges and
cooperation. In recent years, China’s trade unions have actively developed external relations and reinforced exchanges and cooperation with trade unions around the world; this has increased mutual understanding and friendship between workers in China and other countries. In 2008, China’s worker representative was re-elected as one of the Deputy Members in the International Labor Organization’s Governing Body, and actively participated in the all kinds of work of the ILO and began different forms of cooperation. Presently, the All-China Federation of Trade Unions has established friendly relations with over 400 national, international, and local trade unions in 150 different countries and regions. 3. Chinese Workers’ Right to Collective Bargaining 101. Workers’ right to collective bargaining is protected in the Labor Law, Trade Union Law, Labor Contract Law, Company Law, and the Collective Contract Provisions. Chinese trade unions have had comprehensive and in-depth participation in the formulation of these laws and regulations, and many of their opinions have been incorporated. China’s trade unions have better protected the economic interests of workers through promoting equal consultation and collective contracts according to the law. Trade unions actively advise and assist the signing of collective agreements between workers and enterprises, and also supervise the implementation of the agreements. As of September 2009, 1.247 million collective contracts were signed across the country, covering 2.112 million enterprises (635,000 enterprises in 2002), 162 million individuals (80 million in 2002); 1.2698 million enterprises (328,800 in 2002) signed on to regional or industrial collective contracts, covering 60.843 million people. Across China, 512,000 specialized wages collective contracts have been signed, covering 61.776 million workers. As of the end of 2009, 605,000 collective contracts protecting the rights of women have been signed, covering 1.007 million units and 46.218 million female workers. As of September 2008, all Wal-Mart’s branches in China having trade unions signed onto collective contracts. Since 2009, trade unions of different level in China have been actively pushing the world’s top 500 multinational corporations based in China to sign collective contracts.
102. On the question of striking, China has already stated in its initial report, that other than Chinese laws forbidding police and state personnel to strike to ensure national security and social stability, no other laws exist to deal with this matter. Pursuant to provisions in the Trade Union Law, where there are incidents of work stoppages or work slowdown, trade unions should actively seek out relevant parties to convey the reasonable demands of workers and help to reach resolutions. 103. We reiterate here that China’s Constitution does not forbid striking and other laws do not limit the right to strike. Chinese trade unions advocate that workers can effectively protect their legal rights through trade unions of different levels, the Workers’ Congress system, the tripartite coordination mechanism for labor relations system, labor dispute mediation and arbitration system, and other channels. 4. Paragraph 55 of the Committee’s Concluding Observations Concerning the NPC’s Declaration upon Ratification of the Covenant
104. (Note: In February 2001, the Standing Committee of the NPC ratified the Covenant at its 20th Meeting, and at the same time made a Declaration that the application of Article 8.1(a) of the Covenant shall be consistent with relevant provisions of the Constitution, the Trade Union Law, and the Labor Law.) 105. When ratifying an international convention, States make declarations and reservations in line with domestic circumstances; this is consistent with international practice. China’s Constitution, Labor Law, Trade Union Law, and other relevant laws effectively protect the right of Chinese workers to participate in political, economic, social, and cultural life; this includes the right to participate and organize trade unions. Since the establishment of the People’s Republic of China, Chinese workers have relied on these laws to participate and organize trade unions. The NPC’s declaration at the time of ratification signifies that China will continue to protect
the rights of workers to participate and organize trade unions in accordance with existing domestic laws. VII. Article 9 – The Right to Social Security 106. China in its initial report stated that it has progressively created a social security system that features social insurance, social relief, social welfare, and social mutual assistance; collects funds through a variety of channels; and gradually socializes management services. [The initiate report] introduced pension insurance, medical insurance, industrial injury insurance, unemployment insurance, maternity insurance, minimum living security, disaster relief, social welfare donation, social security system for persons with disabilities, and other specific content. 107. In recent years, the Chinese government has followed the “Goal to establish a social security system covering urban and rural citizens, where everyone enjoys basic living standards by 2020,” and has continuously improved the social security system in all aspects; the relevant situation is reported below: 1. Social Insurance is at the Core of the Social Security System (1) Old-Age Insurance System for Enterprise Employees
108. The scope of basic pension insurance is expanding, covering not only urban enterprises employees, but also the urban self-employed, temporary or part-time workers, migrant workers and other types of workers. From 2005 to the end of 2009, the number of people with insurance plans jumped from 170 million to 235 million; among these, the number of workers jumped from 130 million to 177 million people.
109.Retired individuals who participate in the pension insurance of urban enterprises have seen a steady improvement in their pension; timely and full payment of basic pension has been continually reinforced. The State Council continually and annually adjusts the standard of basic pension for retired enterprise employees from an average of 700 yuan per month per person in 2004 to 1300 yuan in early 2010. From 2005 to the end of 2009,
the retired individuals who participated in pension insurance jumped from 43 million to 57.95 million people; to ensure funds are disbursed, pension insurance funds have increased from approximately 400 billion yuan to 810 billion yuan. 110. To protect insured individuals, particularly a large number of migrant workers, and their pension insurance interests, at the end of 2009, the State Council announced the “Interim Measures for the Transfer and Continuation of Urban Enterprise Worker’s Basic Pension Insurance,” which had great significance in solving problems related to movement across provinces, recognition of rights and interests of people from out of town, migrant workers' withdrawal from the pension insurance, and management services that are convenient for the masses.
(2) Medical Insurance System
111. Presently, the preliminary structure of a basic medical insurance system has been formed, including: medical insurance for urban workers, medical insurance for urban residents, cooperative medical treatment in new rural areas and medical assistance in urban and rural areas cover, respectively, urban employed workers, unemployed urban residents, rural residents, and disadvantaged groups. Comprehensive [medical insurance] coverage has been realized on a systemic level for both urban and rural citizens. This year, the Chinese government is looking to implement medical insurance for individuals who move across provincial borders and solve transfer and continuation problems. 112. In the past five years, the number of people participating in basic medical insurance has rapidly increased, and insured individuals have received effective medical treatment. In 2005, 137.09 million people were registered for urban medical insurance; these included 99.59 million workers, and 37.05 million retirees. As of the end of 2009, there were 219 million people on workers’ medical insurance, 181 million on citizens’ medical insurance, and 833 million on new rural area medical insurance. The basic medical insurance system already reaches more than 1.2 billion people. (3) Industrial Injury Insurance System
113. Through legislation, China has expanded the scope of industrial injury insurance, and raised the level of protection The Injury Insurance Regulation, implemented in 2004, established a legislative system to protect workers who are injured at work or suffer work-related illnesses and enable them to receive adequate and timely medical treatment or indemnification. Since the Regulation's implementation, the number of individuals insured has rapidly increased – from 45 million in 2004 to the current 150 million; within figure, the number of migrant workers jumped from 12 million to 55.80 million. (4) Unemployment Insurance System
114. From the end of 2005 to November 2009, the number of individuals on unemployment insurance increased from 106.48 million to 126.12 million. At the end of 2008, to respond the effects of the international economic crisis on employment, the Ministry of Human Resources and Social Security, Ministry of Finance, and State Administration of Taxation, with approval from the State Council, jointly issued the “Notice on Issues Related Issues to the Adoption of Proactive Measures to Reduce the Burden on Enterprises and Stabilize the Employment Situation,” which clearly sets out relevant policies to reduce the burden on enterprises and to stabilize the employment situation. The Notice allowed enterprises facing difficulties to defer payments of unemployment insurance premiums; it allowed for the temporary reduction of unemployment insurance premiums rate; it allowed enterprises facing difficulties to use unemployment insurance funds to pay social insurance subsidies and job subsidies to keep stable jobs. 115. During the first eleven months of 2009, 16.1 billion yuan was used to ease the burden of enterprises paying unemployment insurance and to ensure the maintenance of jobs. Of this amount, 6 billion yuan was used to ensure that workers were not laid-off and 5.1 billion used in relation to the holdover of unemployment insurance premiums, affecting 1.27 million workers. 9.57 billion yuan was used to help reduce premium rate for unemployment insurance funds, affecting more than 64 million workers.
116. In recent years, the number of individuals participating in maternity insurance increased yearly by more than 10 million people. In 2006, 64.59 million people across China had maternity insurance. As of the end of 2009, the number of workers [on maternity insurance] reached 108.6 million, the first time it passed the 100 million mark. The operation of the maternity insurance fund has been smooth and around 0.68 percent of the salary is allocated to the fund by employers. [Maternity insurance] mainly pays for expenses such as maternity allowance and medical expenses during childbirth. 117. In 2009, the State Council issued the “Notice on the Proper Resolution of Medical Expenses for Childbirth of Urban Residents,” which includes medical expenses of child delivery of urban residents in the scope of basic medical insurance for urban citizens. With the establishment of a medical system for new rural areas, rural women hospitalized for child delivery have also received social protection. Presently, unemployed Chinese citizens in rural and urban areas all can enjoy the benefits of maternity insurance. (6) Rural Pension Insurance
118. The formal launching of new rural areas social welfare is a breakthrough in China's quest to realize its goal to build a social security system that covers both rural and urban residents. China has nearly 900 million rural residents; among them more than 100 million are over 60 years of age. Finding a solution to problems related to rural pensions is extremely important to advancing the coordinated improvement of economic and social development, to changing urban-rural disparity, and to realizing social equality and justice. On September 1, 2009, the State Council issued the “Guiding Opinion on Carrying out the Social Endowment Insurance Pilot in New Rural Areas.” In 2009 to 2010, the first batch of the pilot project was conducted in 320 counties in 27 provinces and autonomous regions, and in four directly-administered municipalities – covering 120 million rural citizens, among them more than 15 million were rural citizens over the age of 60. In 2009, the pilot project reached ten percent of China’s counties, in 2010 it
reached 23 percent of counties; by 2020 the goal is to implement the program to all rural citizens [over 60 years of age] across the country. 119. The new rural insurance pilot’s funding model incorporates individual contributions, collective benefits, and government subsidies. Rural citizens participating in the insurance project pay contributions according to stipulated rules, and local authorities can add different contribution levels to cater to specific circumstances, and allow rural citizens to choose the desired contribution. Village collectives with the capacity should give appropriate subsidies to help villagers pay for insurance contributions; local governments should also subsidize contributions of rural citizens; the minimum standard subsidy is at least 30 yuan per year. For those 60 and above, and who meet the requirements to participate in rural insurance plans can receive the new rural insurance pensions. The new rural insurance pensions are composed of two parts: individual pension account and basic pension, and the payments are for life. Before the end of February 2010, 14.26 million aged (senior) rural citizens who met the requirements received basic pension insurance subsidies from the central government. 2. Minimum Living Security System
(1) Urban Minimum Living Security Established Nation-wide and Increasingly Standardized
120. The country continues to standardize the urban minimum living security system, has significantly increased funding of the program, has actively taken measures to deal with inflation, has taken first steps to establish a mechanism to adjust the minimum standard of allowance, has noticeably raised the standard of securing, and has allowed the minimum living security system to enter a period of smooth operation. As of the end of 2009, there were 23.456 million destitute urban citizens across China receiving minimum living security; the annual cumulative distributions for urban minimum living security amounted to 48.21 billion yuan, an increase of 22.5 percent from the year prior (see Figure 2). (2) Rural Minimum Living Security
121. Rural minimum living security refers to a system of subsidies that the government provides for poor rural families whose annual net income per capita is below local minimum subsistence standards; this system permits distribution of minimum living allowance to poor rural families based on the difference between the family’s annual per capita net income and the local subsistence standard. In July 2007, the State Council issued the “Circular on Establishing the Minimum Living Security System in Rural Areas,” which clearly set out rules related to, among others, the standard for rural minimum living security, the beneficiaries, and implementation of funds. At the end of September of that same year, this system was implemented in all 2777 rural/agricultural counties (or cities or districts) in 31 provinces (including directly-administered municipalities and autonomous regions) across the country. The country has focused on subsidizing economically disadvantaged areas. In three years, central government subsidies have increased significantly, respectively 3 billion yuan [the first year], 9 billion yuan [the second year], and 21.6 billion yuan [the third year]. Since 2007, the cumulative amount of funds distributed for rural minimum living security was 70.08 billion yuan. As of the end of 2009, beneficiaries of rural minimum living security included 22.917 million families, 47.60 million individuals – making up 5.4 percent of the rural population. Those that fall within the scope of the living security system include those who face long-term hardship due to illness or disability, of advanced age, have lost capacity to work, and are living under extremely harsh conditions. As social economic standards continue to improve, the State continues to increase the level and standard of subsidy. In 2009, the standard subsidy was 64 yuan according to the monthly per capita income; the cumulative annual expenditures on rural minimum living security was 36.3 billion yuan, an increase of 58.7 percent from the year before. 3. Social Welfare
(1) The Rural Five Guarantees Social Welfare System is an Institutional Innovation
122. The Rural Five Guarantees Social Welfare refers to a State system that provides basic subsistence for food, clothing, housing, medical treatment, burial or other needs to the elderly, the disabled, or minors under 16
years of age who are unable to work, who have no sources of income, and who have no statutory supporters (or guardians?) to provide elderly care, dependent care, or spousal support; or if a statutory guardian exists, the guardian cannot provide elderly care, dependent care, or spousal support. In January 2006, the State Council passed a new “Rural Five Guarantees Social Welfare Work Regulations” which transformed the system from what was originally a rural collective welfare program into one that is entirely funded by the government. In May 2009, the State Council incorporated the Rural Five Guarantees Social Welfare into the budget of local counties and towns, further guaranteeing the standard of support through financing. Presently, a legal system of Rural Five Guarantees Social Welfare has been established, the funds are managed under specific items, and standards continue to improve. The national average standard for decentralized support is 1843 yuan annually per person, and 2587 yuan for centralized support. Nationally, there are 31,286 organizations administering the Rural Five Guarantees Social Welfare, and conditions and service standards continue to improve. As of the end of 2009, 5.533 million people nation-wide benefitted from the Rural Five Guarantees Social Welfare; among them 1.718 million individuals received centralized supported from nursing homes and related organizations – making up 31 percent of centralized support recipients. Between 2006 and 2009, the national cumulative expenditures for the Rural Five Guarantees Social Welfare reached 26.18 billion yuan. (2) The Social Welfare System for Persons with Disabilities Has Progressively Improved
123.In 2006, the Chinese government conducted the second national survey on persons with disability, determined the basic situation and needs of persons with disabilities, and provided empirical evidence for formulating laws and policies that protect the rights and interests of persons with disabilities. In April 2008, the NPC amended the Law on the Protection of Persons with Disabilities and set up a comprehensive legal structure to protect the rights of persons with disabilities.
124. In recent years, the State has vigorously promoted a social security system for persons with disabilities in
order to allow such individuals to attain systemic assistance for their basic subsistence, medical treatment, rehabilitation, education, and employment. Presently, destitute persons with disabilities have been largely incorporated in urban and rural minimum living security systems. 62.1 percent of persons with disabilities living in urban areas have participated in basic medical insurance, 42.1 percent in basic pension insurance; 94.4 percent of persons with disabilities living in rural areas have joined the new rural areas schemes and 350,000 persons with disabilities living in the new rural areas pilot social welfare system have been enrolled in new rural areas schemes. 125. The government takes special care to provide for the subsistence needs of individuals with severe physical, intellectual, and mental disabilities, and persons with disabilities from low-income families; and it has improved standards of support or increased some amount of subsidies. Persons with disabilities, who face temporary hardships because of illness or natural disasters, are universally offered urgent and specialized support. The centralized support for persons with disabilities under the rural “Five Guarantees” and urban “Three Withouts” social welfare systems continues to improve.
4. Social Mutual Aid
126. In recent years, China has continuously increased its encouragement and structural management of social donation activities; in 2007, the NPC enacted the Enterprise Income Tax Law and introduced tax incentives for social donations. The government has increased its efforts to support public interest and charitable organizations so that they can play an active role in assisting disadvantaged and vulnerable groups in their basic subsistence needs, and promoting social equality and justice. As of the end of 2009, there were 1843 foundations nation-wide and many more public interest and charitable organizations, which annually raise more than 10 billion yuan. For example, the Chinese Youth Foundation, since its creation in 1989, began implementing its “Project Hope,” and within 10 years raised more than 1 billion yuan, and helped more than 2.5 million children who could not afford to go to school.
127. In 2008, China experienced extreme cold weather, snow and ice storms, as well as natural disasters like the Wenchuan earthquake in Sichuan Province. The State placed great importance in disaster relief and reconstruction, different sectors of society went into action, and citizens actively participated [in rescue efforts], thus creating the biggest social donation and voluntary rescue mission since the establishment of the PRC, and making enormous contributions to the success of disaster relief and prevention for people who live and work in the disaster areas. As of the end of 2008, China has set up 38,000 recurrent social donation workstations, spots and charity supermarkets. The Ministry of Civil Affairs directly received donations amounting to 76.4 billion yuan (including 49.88 billion yuan from the Civil Affairs authorities, 18.79 billion yuan from charity foundations, and 7.73 billion yuan from social organizations registered under the Civil Affairs authorities), 1.96 billion yuan in donated goods, and 13.9 billion yuan in indirect donations from social donations forwarded by other different government departments. These donations benefitted 52.029 million individuals affected [by the disaster]. 5. Difficulties and Challenges
128. Presently, major difficulties exist in China’s social welfare system: there are enormous remaining problems caused by institutional changes [from planned economy to market economy]; no funds were accumulated [to finance the social welfare system] in the period of Planned Economy; financial pressure on various insurance payments is huge; unequal development of urban and rural social welfare because of flawed planning of the system and thus leaving parts of the population lacking in effective institutional arrangements; the coverage is narrow , planning level is low and there exists difficulties related to the transfer and continuation of social security programs. For the next period, establishing an effective social welfare system [is vital] to meeting serious challenges such as an aging population, urbanization, and the diversification of the types of employment. 129. As a next step, the Chinese government will take a step forward to establish an effective social security
structure and management system, to attain different channels of funding, to provide different levels of social security, to socialize management and services, to expand the scope of the social security system, to basically realize equal enjoyment of social security by different types of urban workers, and to improve the rural social security system. VIII. Article 8 – Protection of the Family 1. The Protection of Marriage and Family Interests
130. China, in its initial report, already detailed that Chinese citizens’ freedom of marriage is protected by law; this includes the Marriage Law most recently amended in 2001. This report will not repeat, but does reaffirm: China insists on implementing the freedom to marriage, between a husband and a wife, and equality between men and women; it protects equality, harmony, and civilized marriage and family relations; polygamy, adultery, or domestic violence is prohibited. Chinese citizens' freedom to marriages protected by the law, and both parties can freely marry or divorce. 131. Regulation on Marriage Registration was promulgated by the State Council and implemented on October 1, 2003. At the time of registering a marriage or divorce, citizens do not need to show proof of their marital status as issued by their employer or village (neighborhood) committee. Men and women intending to marry are not required to show proof of premarital examinations. In 2009, 12.122 million couples registered their marriage, an increase of 10.4 percent from the year before, and a rough estimated marriage rate of 9.1 percent, an increase of 0.8 per millage points from the year before. [In 2009], 2.468 million couples registered their divorce, an increase of 8.8 percent from the year before, and a rough estimate divorce rate of 1.85 percent, an increase of 0.14 per millage points from the previous year. 2. Strengthening Maternity Protection
132. In its initial report, China has already provided explanation of the protection of women during pregnancy, childbirth, and breastfeeding stages in the Labor Law and the Population and Family Planning Law.
Provisions of these laws are still being applied to provide protection, including by ensuring that pregnant or breastfeeding female workers are not be assigned highly arduous labor or other types work that they are not supposed to carry out; they are entitled to no less than 90 days of maternity leave with pay; and expenses of prenatal care and childbirth are proportionally reimbursed by employers. 133. According to a study by the All-China Federation of Trade Unions, based on incomplete statistics, as of the end of 2009, 1.674 million enterprises implemented regulations forbidding employers to assign female workers to work in underground mines or to work of Grade-IV arduousness; and also forbidding physical labor during periods of menstruation, pregnancy, childbirth, or breastfeeding – this affected 42.826 million female workers. There were 1.714 million enterprises that implemented regulations allowing special treatment to female workers during periods of pregnancy, childbirth, and breastfeeding – 44.395 million female workers were affected. 134. In recent years, the Chinese government has been diligently fulfilling the promises toward the International Conference on Population and Development’s “Programme of Action” and the Millennium Development Goals (to achieve, by 2015, universal access to reproductive health), and it views with importance the protection of women’s right to reproductive health. Below are some examples: 135. (1) The population and family planning department and other relevant departments have actively promoted work related to reproductive health and maternal and child health, and have actively implemented a healthy birth promotion program that focuses on “healthy birth counseling, guidance for high-risk populations, prenatal health checks, balanced nutrition”. Presently, almost all county-level regions and 95 percent of town and village-level regions have set up reproductive health information centers, which provide services related to healthy births and good childrearing; more than 80 percent of counties have started different forms of services related to reproductive health and to promote maternal and child health.
136. (2) China has created conditions to ensure citizens choose safe, effective, and appropriate methods of contraception, and to enhance the level of their reproductive health. The government has provided public goods and services for family planning, emphasized on providing many types of contraceptive measures, and opposed forced sterilization. According to survey results in 2007, 52.30 percent of married couples of childbearing age use intrauterine devices, 32.25 percent undergo surgical tubal ligation, 6.14 percent undergo vasectomy, 1.22 percent take oral contraceptives, 7.38 percent use condoms, 0.33 percent undergo contraceptive implants, 0.21 percent use external contraceptives, and 0.17 percent use other methods. Preference for reversible methods of contraceptive is increasing, constituting more than 60 percent of all methods used. 137. (3) The Program for the Development of Chinese Women (2001-2010) aims to achieve a maternity insurance coverage rate of 90 percent by 2010; in 2005, the coverage rate increased to 46.1 percent from 26 percent in 2000, and it is expected to reach the target by 2010. At the end of 2005, 5,408,000 workers nationwide were insured; an increase of 2,407,000 from the year 2000, including an increase of 1,133,000 insured female workers. In the last several years, the number of persons covered by maternity insurance increased annually by more than one million. As of the end of 2009, the number of workers covered by maternity insurance has reached 108,600,000.
138. (4) China has comprehensively implemented a procreation support system for families in the disaster area of the May 12 Earthquake, providing the affected population with free advice and technical services on reproduction and pregnancy, and actively expanding full services for procreation. As of the end of November 2009, the government provided information and pre-pregnancy health examinations to 37,000 married couples, contraception-termination services for 3,027 persons, treatment of infertility and related diseases for 4,013 persons, prenatal screening and diagnosis for 692 persons, reproductive assistance to 135 persons. As a result, 2,726 women became pregnant and 1,489 babies were born in good health.
139. (5) Comprehensive management of the problem of sex ratio at birth. The causes of high sex ratio at birth in China are very complex, including preference for boys resulting from traditional ideas; reliance on men within families for productive labor and support of elders in most rural areas; and the abuse of type-B ultrasonic and other technology to identify the sex of the fetus. The Chinese government adopted a series of measures to resolve the problem of high sex ratio at birth, including: 1) advocating for gender equality throughout society and eliminate gender discrimination; 2) defending legal rights and interests of girls and their families through inter-ministerial coordination, societal participation and effective, comprehensive management institutions; 3) develop full maternal services and strictly monitor medically unnecessary fetal sex determination and sex-selective abortion.
3. Protecting the Rights of the Child
140. As explained in the initial State report, China attaches importance to protecting the physical and mental health of minors, prohibiting the use of child labor, and prohibiting employers from hiring minors below the age of 16. To these ends, China has formulated the Labor Law, Law on the Protection of Minors, Provisions on the Prohibition of Using Child Labor and other relevant laws and regulations. The detailed content of these need not be repeated here. China's combined third and fourth periodic reports this year on its implementation of the UN Convention on the Rights of the Child fully reflect the situation of children's matters in recent years, including the protection of the legal rights of minors and the impact of measures taken to combat the illegal use of child labor. The following two examples demonstrate in principle China's efforts in this area: 141. (1) The National People's Congress amended the Law on the Protection of Minors (promulgated on December 29, 2006, entered into force on June 1, 2007) to more explicitly uphold the principle of ensuring the healthy development of minors below the age of 16. Article 3 of the Law added provisions to enshrine the principle of non-discrimination. The Law, for the first time, codified children's right to participation as a fundamental right, based on the recognition of their rights to life and to development, clarifying that minors have a
right to be heard and respected in the conduct of family affairs. The amended Law on the Protection of Minors also stipulates the content of family education, strengthens the protection of children against violence, and includes provisions specific to children's right to privacy.
142. (2) Additional measures to prohibit the use of child labor. Formulated by the Ministry of Labor and Social Security in 2007, the Provisions of Employment Services and Employment Management prohibits employers from hiring minors and prohibits employment agencies from placing minors for work. Promulgated and enforced by the State Council in 2004, the Regulation on Labor Security Supervision formulated precise rules and provided a legal basis for the inspection and punishment of illegal use of child labor. The Ministry of Public Security, Ministry of Human Resources and Social Security, and other government agencies resolutely rectify, inspect, and punish illegal acts of using child labor, through daily inspection tours, specific inspections and the receipt and review of complaints and tip-offs. IX. Article 11 – Right to an Adequate Standard of Living 1. Right to an Adequate Standard of Living
143. (1) Urban and rural residents' per capita income continues to grow at a fast pace, quality of life continues to improve. In 2009, urban residents' per capita disposable income was 17,175 yuan while rural residents' per capital net income was 5,153 yuan, representing an approximate increase of 10.2 percent and 8.3 percent, respectively, during the 11th Five-Year Plan period.
144. (2) Realizing poverty alleviation and development goals: the State Council's Development-oriented Poverty Reduction Program for Rural China is clear on its overall goal of “resolving the problems of adequate food and clothing [or livelihood] for a handful of the population living in poverty” during 2001-2010. At present, the vast majority of areas in eastern China have met this goal ahead of schedule, and most areas in midwestern China can meet the goal on schedule. The proportion of rural persons living in absolute poverty to the overall rural population decreased from 8 percent in 2000 to 1 percent
in 2008; the proportion of persons earning low-income to the overall population decreased from 6.69 percent to 3.2 percent (Figure 3). Since 2008, China has aimed to reach an annual per capita income of 1,196 yuan as a new poverty reduction benchmark, and to eliminate the old distinction between absolute poverty and low-income population, thereby expanding the scope of poverty reduction measures, which covered 3.597 million people in 2009.
145. (3) In view of the relatively large rural-urban gaps, China has sped up rural reform and development in recent years, promoted and protected farmers' rights, and provided macro-policy security to ensure everyone enjoy an adequate standard of living and is free from hunger. The Regulations on Agricultural Tax was formally abolished on January 1, 2006, providing agricultural tax exemption throughout the country and alleviating burden on 800 million farmers. In October 2008, at its 17th Third Plenary Session, the Communist Party of China adopted a decision to advance rural reform and development, proposing to double the 2008 per capita income of farmers by 2020 and to eliminate absolute poverty in rural areas. To achieve this goal, the Third Plenary Session made an important decision to allow farmers to rotate their right to land contracting through various methods. The CPC also proposed various measures to safeguard farmers' democratic rights and to advance their welfare.
146. (4) Contribution to and cooperation in international poverty reduction: as stated in the 2008 U.N. Millennium Development Goals report, China has already achieved ahead of schedule goals to reduce by half the proportion of people living in poverty and hunger. This is a huge contribute China made to global poverty reduction efforts. In order to facilitate economic and social development in other developing countries, China has organized, since 2005, 1,623 foreign assistance training courses and trained 43,823 government officials and technical personnel from over 100 countries. The “October 17 Poverty Reduction and Development High-Level Forum” and “China-ASEAN Forum on Social Development and Poverty Reduction,” organized by the State Council Leading Group Office of Poverty Alleviation and Development, have become important
events of international exchange on poverty reduction.
147. (5) China still has the largest population of people living in poverty. Urban, rural, regional and resident income gaps are still widening. Besides, the conflict between the protection of the environment and economic development is quite prominent; systems to implement policies of social development and poverty alleviation still need improvement and the effectiveness of poverty reduction must be enhanced urgently. The Chinese government will continue to strive to achieve an adequate standard of living for our people and to narrow urban-rural and regional gaps.
2. Right to Adequate Food
148. (1) Overall, from 2003 to 2009, both the quantity and quality of the Chinese people’s supply of food improved to a greater extent, and the right to food was basically assured.
149. Food production capacity is steadily improving, providing increasingly abundant supply and a fundamental equilibrium between supply and demand. From 2003 to 2009, grain production increased yearly, from 430 million tons in 2003 to 530 million tons in 2009, a growth of 23.2 percent, and average annual growth of 3.5 percent, much higher than the average annual growth rate in population in the same period; in the same period, the area of food crops planted increased from 99 million hectares to 109 million hectares, an increase of 9.6 percent (Figure 4). The volume of agricultural produce such as oils, sugars, and fruit, as well as meat, eggs, and water products produced all increased yearly, in 2009 they broke down into 31.543 million tons, 120 million tons, 204 million tons, 76.499 million tons, 27.406 million tons and 51.2 million tons respectively, an increase from 2003 of 12.2 percent, 27.3 percent, 40.5 percent, 18.7 percent, 17.5 percent, and 25.6 percent, respectively. The per capita share of agricultural products increased. 2009 per capita grain, cotton, oils, pork, beef and mutton, water products, and milk stood at 399 kilograms, 4.8 kilograms, 23.7 kilograms, 44.4 kilograms, 38.5 kilograms and 26.4 kilograms, respectively, an increase on 2003 of 19.3 percent, 27.0 percent, 8.6 percent, 12.4 percent, 21.7 percent, and 94.1 percent, respectively (Figure 5).
150. The ability to achieve equilibrium in the supply of food has strengthened, urban and rural inhabitants have a rich variety of food goods and the nutritional situation is improving. In the past few years, the income of urban and rural inhabitants has continued to increase and the standard of living keeps improving (Figures 6 and 7). The Engel coefficient of urban residents remains steady at around 37 percent and was 36.5 percent in 2009; the Engel coefficient of rural residents showed an overall downward trend, in 2009 it was 41 percent, a decrease of 4.6 percentage points from 2003. The difference in the Engel coefficients between urban residents and rural residents was reduced by 4.5 percentage points. In terms of food consumption structures, from 2003 to 2009, per capita food consumption among urban residents was relatively stable at 80 kilograms, while it continued to decrease in rural areas, from 222.4 kilograms in 2003 to 199.1 kilograms; per capita consumption of all types of agricultural product remained stable or slightly increased. Chinese urban residents’ food structure took a step forward, and the nutrition level visibly improved. (2) The Function of Grain Price Control Mechanisms in Guaranteeing Grain Security
151. Starting in 2004, China fully opened up the grain purchase market, allowing purchasing prices to be decided by the market and fully unleashing market mechanism’s fundamental function in allocating grain resources. To protect the interests of farmers who grow crops and to safeguard national grain security, the Chinese government adopted a series of comprehensive adjustment and control measures, mainly by adopting a minimum-price purchasing policy on rice and wheat in the main producing areas and temporary buying and storage policies on corn, soybeans, and other crops, and by continually improving mechanisms for the auctioning of temporary grain reserves and the rotation of grain reserves. 152. Under the combined use of market mechanisms and comprehensive adjustment and control measures, Chinese food prices followed a positive trend of steady improvement. In 2009, the average purchasing price of rice, wheat, and corn was 89.62 yuan per 50 kilograms,
an increase of 75.5 percent from 2003. As the purchasing price of grain steadily increases, so increases the comparative advantage of planting crops, which incentivizes farmers to grow crops, realizing the continued increase in production of grain and income, which has an important function in guaranteeing national food security.
(3) Future Aims
153. China has already reached the stage of self-sufficiency in grain. Henceforth, it will continue to depend on its own ability to guarantee the right to food to its citizens. In 2008, China formulated the Outline of Plan for National Food Security in the Medium and Long Term (2008-2020). The main aims of China’s future guarantees of national food security and the people’s right to food include: 154. Stabilizing crop-planting area. By 2020, arable land will not be less than 1.8 billion mu, the amount of primary farmland will not be reduced and its quality will be improved. 155. Guaranteeing self-sufficiency in important foods such as grains. The grain self-sufficiency rate is stable at around 95 percent or above, by 2010 the comprehensive production capability of grain will be stable at 500 billion kilograms or above. 156. Retaining a reasonable food storage level. Central and local food storage will remain at a reasonable size. The structure of the variety of food stocks is heading toward a reasonable state. 157. Agricultural technological creative ability is steadily improving. The contribution of scientific technology to the agriculture growth rate is by an annual average of one percentage. (4) Contribution to Global Food Security
158. China accounts for about 9 percent of the world's farmland and 6.5 percent of its fresh water resources, but it has managed to feed and clothe 22 percent of the world's population, a historic feat that lifted people out of poverty and hunger and allowed them to live a
comfortable life. This is the Chinese people's monumental contribution to world food security and global peace and development.
159. Even as a developing country, China has made contributions within its capacity to world food and agricultural development. In addition to making financial contribution to the Food and Agriculture Organization (FAO) and providing emergency humanitarian food aid to some countries, China has always strived to leverage its advantage in agriculture technology to assist other developing countries in enhancing their food production. To date, China has provided agricultural and food assistance to close to 100 countries in Asia, Africa, Latin America, the Caribbean and the Pacific. It has supported 221 agricultural projects, including farms, agricultural technology demonstration centers, laboratories and promotion stations, and irrigation and water conservation projects. China has also provided a large amount of farming production equipment and materials. Besides, it has successively dispatched more than 30,000 agriculture experts and technicians to assist these countries to train a large group of technical experts.
160. Moving forward, China will continue to strengthen exchange and cooperation in the field of food and agricultural development, and is willing to, within its capacity and through multilateral frameworks, provide other developing countries agricultural assistance, including extending the agricultural technology demonstration centers, dispatching more agriculture experts, expanding agricultural trainings, and giving emergency humanitarian food aid. In 2008, China has already decided to double the number of agriculture experts and technicians sent abroad, as well as providing opportunity for 3000 people from developing countries to receive agricultural trainings in China.
(5) Problems and Challenges
161. China’s population is vast and its food needs are immense, yet its agricultural production resources are limited and the foundation of its agricultural security is comparatively weak. From the perspective of future development trends, following the development of industrialization and urbanization, as well as population increase and an increase in people’s livelihoods, the
demands of food consumption will increase further, but the limitations on food production caused by decreased arable land, declining water resources, and changing weather will be increasingly felt. The supply and demand of food in China will maintain a tight balance, the guarantee of food security and the person’s right to sufficient food will face serious challenges, including the following: 162. The amount of arable land decreases year on year. By the end of 2009, the total area of China’s arable land was 1.8258 billion mu, a reduction of 6.3 percent from 2003. Per capita arable land area was 1.37 mu, approximately 40 percent of the world average. Two-thirds of the producing land was of lower and middling quality. The resources of back-up arable lands are increasingly scarce and the space to increase food cultivation is extremely limited. 163. Shortages of water resources. At present, China’s per capita water resources are 1800 cubic meters, a quarter of the world’s average standard. Each year, agricultural production is short of water by around 30 billion cubic meters, and there is an extreme imbalance in the temporal and spatial distribution of water resources, soil and water resources do not match. Apart from this, in the past few years the natural disasters in China have been serious, unfavorable meteorological factors have been greater, the rainfall in northern areas has stayed low and the tendency for drought is becoming more and more severe. 164. The food consumption structure is up scaling, consumer demand is irreversibly increasing. In the future, national grain consumption per capita will decrease, but the demand for feed for livestock will increase, together with the population growth, the total food demand will increase. 165. Maintaining the steady development of agriculture is becoming increasingly difficult. Because agricultural output has already increased for six consecutive years, the baseline is comparatively high and it is increasingly difficult to continue expanding production. If the prices of agricultural products fall, the revenues of agriculture business will decrease, and incentives for farmers to
produce will definitely be affected. (6) Food Safety Issues 166. The 2008 Sanlu baby milk powder incident was a major food safety accident. Following the incident, the State Council applied its full strength to roll out free screening and diagnoses of infants and free treatment for victims, and carried out special melamine inspections on all powder and liquid milk formula nationally. Faulty products as a whole were immediately recalled and the government dealt severely with criminals, law violators, and those responsible. On January 22, 2009, the original Sanlu Group director was sentenced to life imprisonment and fined more than 20 million yuan. By January 22, 2009, parents of more than 260,000 injured children nationwide had signed a compensation agreement with the responsible companies and received compensation, addressing 90.7 percent of all injured children; with the exception of two children, parents of six dead infants and the parents of 891 babies known to have been severely injured have all received compensation from the responsible companies on their own initiative. The entire compensation process developed steadily, in an orderly fashion, and smoothly. In the process of addressing the matter, the Chinese government promptly issued progress reports on its investigation and the status of injured children, promptly reported to the World Health Organization, and firmly guaranteed to the public their right to information and to supervise. 167. Regarding the problems exposed by the Sanlu incident, in recent years China has adopted a series of major measures to strengthen the supervision of food safety, continuing to improve a system of laws, regulations, and policy measures concerning food safety. Starting from December 2008, on a national scale, China had initiated a special campaign targeting the illegal inclusion of non-edible materials, and cleared up and regulated the food additives market. In 2009, the National People’s Congress passed the Food Safety Law and its implementing regulations, prescribing the supervision regime, reporting system, safety standards, additives monitoring system, and recall system. In 2010, the State Council established a food safety committee with the Vice Premier as its director and 15 participating
departments, giving overall guidance to food safety work, demonstrating the Chinese government’s determination to strengthen supervision under the law and to raise the level of food safety. 3. Right to Enjoy Adequate Housing
168. Centering around the dual themes of “adequate housing for everyone” and “sustainable development of human habitat in the process of urbanization”, China has expedited the construction of homes. In recent years, the living standard and environment in urban and rural areas have clearly improved. 12 Chinese cities have won the UN's Habitat Award.
(1) Clarify Mission and Goals, Address Housing Difficulties for Low-income Families
169. The Chinese government attaches great importance to resolving housing problems for urban and rural residents, especially the housing difficulties facing low-income families. Since 2005, the Central Government considers the resolution of housing difficulties for low-income families an important duty and has proposed performance objectives and policy measures. The government has created a system of low-rent homes, and afforded housing security to urban low-income families through public financing and a combination of direct provision of rent houses and rent subsidies. It has improved and standardized the system of affordable housing, annually constructing affordable houses that meet a certain standard in various places. It has created a system of housing accumulation fund.
170. In March 2009, the government's work report also proposed to expedite the implementation of and improvement of policy measures to promote the construction of indemnificatory housing, striving to resolve, within three years, housing problems faced by 750,000 low-income urban families with housing difficulties and 240,000 families of slum-dwellers living in forests, reclamation and coal mine areas. To ensure achieving the goals, the central governmentand and local governments at all levels are solving the low-income families housing problems in a multi-channel and multi-mode way through the effective measures such as increasing financial investment, ensuring land supply,
practicing tax and fees relief, implementing public housing finance policy and improving property right policy. In recent years, the central government has increased investment in efforts to support the transformation of low-rent housing and shantytowns. There were 5.1 billion RMB, 16.8 billion RMB and 47 billion RMB respectively allocated in 2007, 2008 and 2009. Up to the end of 2009, there were 1.02 million units of low-rent housing and 5.59 million units of affordable housing completed cumulatively, and 3.62 million of low-rent housing rental subsidies issued.
171. In the aftermath of the great May 12 earthquake that hit Wenchuan, Sichuan, one out of every eight Sichuan residents lost his/her home. The Chinese government is determined to basically complete post-disaster reconstruction by September 2010. As of the end of August 2009, construction of an estimated total of 207,400 units of permanent housing has already started, 124,440 units have been repaired and reinforced, and 48.1 percent of the total investment into the rehabilitation and reconstruction of transportation infrastructure have been fulfilled.
(2) Strengthen Supervision and Administration, Strive to Achieve Equal and Just Distribution
172. Reasonably determining the scope of housing security. To help those who cannot resolve housing difficulties through market channels and by relying solely on their own hard work, the Central Government has instructed all regions to scientifically determine the entry criteria to identify targets for protection. Between 2005 and 2008, relevant ministries introduced in succession the Measures for the Management of the Application, Approval and Disqualification in Low-rent Housing for Urban Lowest-income Families, Measures for Low-rent Housing Guarantees, Measures for the Management of Affordable Housing, Measures for the Identification of Low-income Families in Cities, and other measures, and made detailed provisions for relevant conditions.
173. Creating systems for application, verification, public notification, waiting list, and review. Through inter-departmental review mechanisms, cities and counties appraise and determine the property, income and housing situations of applicant families; implement
measures such as media notification, public whistle-blowing, and government supervision in order to ensure operational transparency, fair and just distribution outcomes, and the prioritization of public resources to meet the needs of families in the most difficult situation. At present, cities and counties across the country have established multiple levels of mechanisms for verification and public notification and improved mechanisms on qualification and disqualification.
(3) Responses to Paragraph 61 in the Concluding Observation Concerning Forced Eviction Problems
174. China is a developing country and faces many challenges in economic and social development. However, the Chinese government attaches importance to the promotion and protection of Chinese citizens' right to housing in the process of economic and social development while also paying attention to and safeguarding the property and housing rights of those already evicted due to major events. Through measures such as improvement of legal provisions, regulation of behaviors, compensation and relocation in accordance with the law, and the provision of necessary legal assistance, China ensures that the legitimate rights and interests of evictees are not violated.
175. In March 2007, the Property Law was passed after seven readings. It is the first law since the founding of the nation that requires equal protection of State, collective and private properties. The law clarifies and protects private ownership, homestead rights, owners' condominium rights [owners' partitioned ownership of building areas], right to the contracted management of land, and others. It provides further details on compensation of land expropriation and stresses on protecting the legitimate rights and interests of persons and farmers whose land has been expropriated. It is a basic civil law that defends the vital interests of the masses and guarantees the people's ability to live and work in peace and contentment.
176. Under the Chinese Constitution, the Property Law and other such regulations, the State can expropriate, or expropriate with compensation, citizens' private properties for the purpose of public interests, in accordance with the law. The State Council's Regulations
on the Dismantlement of Urban Houses lay down detailed provisions on permissions for demolition and relocation, public hearing, assessment, judgment, forced relocation, compensation criteria, legal assistance and other matters. Local governments have improved demolition and relocation policies in accordance with local conditions, prevent the violation of the lawful rights of evictees, and seriously investigate and punish actions that violate the lawful rights of evictees. After the Property Law entered in force, the Chinese government has been formulating the Regulations on the Requisition of and Compensation for Properties on State-Owned Land (consultation draft), and has sought public comment through the “Chinese Government Legislative Information Network” in early 2010. The Chinese government will continue to improve mechanisms to coordinate the various interests in demolition and relocation, to appeal and express concerns, to mediate conflicts, and to safeguard rights, thereby seriously implementing various policies that affect the interests of the people.
177. China is an ancient civilization with a long history. The government attaches great importance to protecting buildings with historical values in the process of demolition and relocation. The Law on the Protection of Cultural Relics makes provisions to deal with situations where demolition and relocation affect cultural relics and historical sites. Regardless of location, be it Lhasa, Tibet or elsewhere, demolition and relocation must be carried out in strict accordance with provisions and procedures of law and regulations. Lhasa is a national historical and cultural city, and the Chinese government has made huge investment of more than 100 million yuan to maintain the Potala Palace and other historical and cultural heritage sites. There have been no instances of forced demolition and relocation in Lhasa.
178. Regarding the important program of relocating residents from the Three Gorges area, China specifically passed the Regulation on Land Requisition, Compensation and Resettlement of Migrants for Large and Medium Water Conservation and Power Construction Projects, invested huge sums of money, and received strong support from provinces and cities across the country in areas of money, technology, information, and personnel training for the resettlement of migrants. At present, the resettlement is proceeding smoothly. As
for particular problems identified by the public, government and judicial departments have conducted investigation, made corrections, and provided compensation in a timely manner.
179. The Beijing Olympics is an international sporting event hosted by China. As the host city, Beijing made every effort to prepare and host the Games well, including addressing the problem of demolition and relocation that came with urban construction. Observing the principle of frugal organization of the Olympic Games, China to the extent possible used, upgraded or altered existing arenas and facilities, as well as strictly limited the area of new facilities. Since 2001, 6,037 families or 14,901 persons were relocated to make way for construction of Olympic facilities, covering an area of 111,500 square meters. All Olympic-related demolitions and relocations were in accordance with the State Council's Regulations on the Dismantlement of Urban Houses, and received permission under local demolition and relocation laws and regulations. All demolition and relocation projects received prior project approval from the development and reform department, permission from the city planning department, and approval to use land from the land management department; they were also accompanied by feasible compensation and resettlement plans and guarantees of sufficient compensation funds and resettlement housing. All persons whose houses have been demolished and have been relocated received reasonable compensation and were properly resettled.
X. Article 12: Right to Health
1. Reform of the Medical and Healthcare system
180. In April 2009, to concretely safeguard the people's right to health, reform of China's medical and healthcare system officially began. The reform's overall goal is to establish, by 2020, a basic system of medical and healthcare that covers both urban and rural areas, and provide medical and health services to all people. This healthcare reform has three levels of implication: 1) to provide a medical and healthcare system as a public good for all people, which is an important breakthrough both conceptually and institutionally; 2) to establish a basic medical security system for which the State, society, and the public are jointly responsible; 3) to strive to allow all
1.3 billion Chinese people to enjoy basic medical and health services. In 2009-2011, five key reform tasks have been identified, including: the enjoyment by 90 percent of the population of basic medical insurance by 2011, gradual achievement of the equalization of basic public health services, a system of grassroots medical and health services that covers both urban and rural areas, and the establishment of a basic medicines system and experimentation of public hospital reform.
181. Healthcare reform in China will be a long and complex process and needs to be advanced in stages. To achieve key breakthroughs within the next three years, the Chinese government has introduced five measures:
182. First, in view of the need for wide coverage, minimum standards, and sustainability, establish a basic medical security system nation-wide, use a method of “partial government support, partial social assistance, and partial public contribution.”
183. Second, in line with the national basic medicines system introduced recently, gradually expand the reimbursement coverage to include the more than 307 types of basic medicines used by village, town, and community hospitals.
184. Third, improve the software and hardware capability of clinics in villages and towns, community health service centers, and county hospitals; train general practitioners; and ensure that the wider public in general, and rural population in particular, enjoy basic medical and health services.
185. Fourth, promote the gradual equalization of basic public health services (for instance, resowing hepatitis B vaccine for population under the age of 15) to prevent diseases to the greatest extent.
186. Fifth, advance reform of public hospitals and enhance effectiveness through establishing an improved system of corporate governance structure, a chairman accountability system, and a system of incentives and constraints, as well as allowing the entry of social capital and creating a system of diverse competition.
187. In recent years, China has actively advanced the setting up of a basic medical security system. The coverage of basic medical security has further expanded. Up to 2009, urban and rural residents who were insured exceeded 1.2 billion. Among them are 401 million people who are covered by basic medical insurance for urban workers and residents; up to 833 million people were covered by new rural cooperative medicare. The level of security provided by basic medical insurance steadily rose. Maximum payment ceiling of the overall financing of urban residents' basic medical insurance and new rural cooperative medical services increased to more than six times that of local urban disposable income and rural per capita net income. The proportion of hospitalization expense claims within the policy scope of urban workers' basic medical insurance, urban residents' basic medical insurance, and new rural cooperative medicare were 72 percent, 55 percent, and 55 percent respectively. More than 30 percent of the implementing areas have managed to coordinate outpatient services for basic urban medical insurance and new rural cooperative medicare.
188. China has implemented a new rural cooperative medicare system for rural residents. It established a system where the county (city, district) is the coordinating unit while financing is made possible by a combination of personal contribution, collective support, and government funding. Families are the basic unit and participation is voluntary. This system has been experimented with since 2003, and achieved basic comprehensive coverage in 2008. As of the end of September 2009, the number of counties adopting the new rural cooperative medicare system increased from 333 in the beginning to 2,716; the number of participants grew from 80 million at the outset of the experiment to 830 million, representing a 94 percent participation rate (Figure 8). The financing for the new rural cooperative medicare was 82 billion yuan at the outset and has accumulated up to 236.27 billion since 2003 (Figure 9), and in total the system has provided assistance 1.99 billion times (Figure 10). Actual hospitalization expense coverage increased from 25 percent in 2003 to 41 percent
in 2009; maximum payment ceiling already increased to a level six times (or higher) that of the rural per capita net income; and the level of reimbursement continuously increased, effectively lessening farmers' economic burden of seeking medical care.
189.China established systems of medical assistance for rural and urban areas in 2003 and 2005, respectively, providing medical aid to those not adequately insured, those targeted by the Five Guarantees policy in rural areasxvi, and patients from low-income family. In recent years, the funding for such assistance and number of beneficiaries increased continuously, and the quality of assistance also steadily rose. By 2009, expenditure on urban medical assistance nationwide reached 4.8 billion yuan, providing assistance 20.17 million times; expenditure on rural medical assistance reached 6.9 billion, providing assistance 52.36 million times. This system of medical assistance played an important role in strengthening the ability of groups in need to seek medical treatment.
(2) Basic Medical and Health Services
190. To promote the equalization of basic public health services, the Chinese government in recent years has expanded investments in health. Government expenditure on health accounts for a large percentage of the total health expenditure, increasing from 16 percent in 2001 to 25 percent in 2008; the proportion of social expenditure on health increased from 24.1 percent in 2001 to 35 percent in 2008; the proportion of personal expenditure on health to the total health expenditure decreased from 59 percent in 2001 to 40 percent in 2008 (Figure 11).
191. To progressively realize full medical and health care coverage for both urban and rural areas at the grassroots level, the Chinese government has continuously devoted greater resources and attention to strengthen the building up of basic medical and health care infrastructure. Between 2005-2008, the Chinese government led efforts to build up and plan the development of rural health services system, arranged for 11.77 billion yuan of investment by the central government, and focused its effort to support the construction of 25,457 village/town health centers and 8,823 village clinics, while also providing basic medical equipment to 23,378
village/town health centers; in 2009, to support the reform of the medical and health system, the Chinese government additionally arranged for an investment of 2.5 billion yuan and 20 billion yuan to support the construction of 3,549 village/town health centers and 1,154 community health services centers.
192. Urban and rural residents are increasingly able to access and receive medical and health services. Number of health workers, number of hospital beds and other health resources are rising continuously. In cities, 93.5 percent of families live within two kilometers of a medical institution, 97.1 percent of families can reach a medical institution within 20 minutes; in rural villages, a medical unit is within 2 km of 75.9 percent of families, and 85.4 percent of families can reach a medical unit within 20 minutes. At the end of 2009, there were 28,400 medical institutions in China, 441,600 hospital beds in these institutions, 659,200 health workers, 3.06 hospital beds for every 1,000 persons, and 1.65 (assistant) practicing doctors for every 1,000 persons.
(3) Basic Institution-building of a Drug System
193. In establishing a system of basic medicines, the Chinese government aims to guarantee the right of all citizens to access basic medicines. Therefore, China has founded the National Basic Medicines Working Committee. On August 18, 2009, to safeguard basic medicines for the public and to lessen the burden of medical expenses, the Ministry of Health, State Administration of Traditional Chinese Medicine, and nine other departments jointly issued the “Implementation opinions on the establishment of a national system of basic medicines.” The National Development and Reform Commission regulates medicine prices and strengthened quality supervision throughout the process. As of the end of 2009, 27 provinces have taken actions to purchase medicines by centralized bidding and ensure their uniform distribution at the provincial level. Moreover, the national basic medicines system will be implemented in 30 percent of China's municipal community health service institutions and rural grassroots medical and healthcare institutions.
3. Safeguard Women's and Children's Right to Health
194. Regarding women's and children's health rights and maternal and children health care. The Chinese government has always viewed the protection of women's and children's right to health and maternal and child health care as key public health priorities. Maternal health care services are being continuously strengthened, the rate of hospital birth deliveries continues to increase, and maternal mortality rate and infant mortality rate continue to decrease. In 2009, the prenatal examination rate was 94.4 percent, a 6.6 percentage point increase from 2003; early pregnancy examination rate was 65.2 percent, a 14.2 percentage point increase from 2003; hospital birth rate was 88.6 percent, a 20.3 percentage point increase from 2003, with a higher increase in rural areas (Figures 12 and 13). Maternal mortality rate decreased from 51.3/100,000 in 2003 to 31.9/100,000 in 2009. Infant mortality rate decreased from 25.5 percent in 2003 and 13.8 percent in 2009 (Figures 14, 15 and 16). In 2009, 6,270,000 rural women received assistance and gave birth in a hospital, 3,190,000 women of childbearing age took folic acid supplements, 1,490,000 rural women underwent screening for cervical cancer, and 980,000 women underwent screening for breast cancer. The health gap between urban and rural women is gradually narrowing.
4. Average Life Expectancy
195. In recent years, the overall health situation of the Chinese population greatly improved, average life expectancy markedly increased from 67.8 years in 1981 to 73.0 years in 2005, higher than the average life expectancy globally (67 years) and among developing nations and regions (65 years) in 2005. Average life expectancy increased from 66.3 years in 1981 to 70.8 years in 2005 among men, and increased from 69.3 years to 75.3 years among women.
5. Environmental Health and Public Health
(1) Reduced Emission of Main Pollutants
196. In June 2007, China created under the State Council the National Leading Working Group on Addressing Climate Change, Energy Conservation and Emission Reduction, chaired by Premier Wen Jiabao. The Working Group provided an official written reply to the “Plan to
Control the Total Emission of Main Pollutants Nationwide during the 11th Five Year Plan Period,” published the “Integrative Work Plan on Energy Conservation and Emission Reduction” and other documents concerning the statistics, inspection and assessment of pollutants emission reduction, and approved the “National 11th Five-Year Program on the Prevention of Pollution by Acid Rain and Sulfur Dioxide.”
197. The 11th Five-Year Plan program aims to reduce by 10 percent the total amount of emission of main pollutants by 2010, using 2005 as a baseline. China has vigorously promoted the three major emission reduction measures of project waste treatment, structural adjustment, and supervision and control. As a result, in the first three years of the 11th Five-Year Plan, the proportion of coal-fired units equipped with de-sulphurization facilities to the total thermal power installed capacity increased from 8 percent in 2005 to 60 percent in 2008; the national rate of waste water treatment increased from 52 percent in 2005 to 66 percent in 2008. Chemical oxygen demand and emission of sulfur dioxide decreased from 2005 to 6.61 percent and 8.95 percent respectively, and decreased to 2.46 percent and 5.4 percent respectively in the first half of 2009 from the same period in 2008. The 11th Five-Year Plan's goal of reducing emission of sulfur dioxide can be met a year ahead of schedule while the goal of reducing emission of chemical oxygen demand can be met according to schedule.
(2) Comprehensive regulation of atmospheric environment in cities
198. Various regions have been optimizing industrial layout in cities, and a large number of pollution-heavy enterprises have been relocated and modified. In 2008, national central heating area reached 3 billion square meters. The State has promulgated in succession 83 environmental protection standards for automobiles, completely banning gasoline-containing lead. Compared to 2000, sulfur dioxide, inhalable particles, and nitrogen dioxide annual average concentration in cities nation-wide in 2008 decreased to 28.5 percent, 33.3 percent and 31.5 percent, respectively; the percentage of cities whose air quality reached Level 2 or above
according to national standards grew from 35.6 percent to 76.8 percent, a 41 percentage point jump.
(3) Potable water safety
199. The Chinese government attaches importance to the safety of potable water, and its relevant ministries have formulated a series of protection plans. In 2005, the State Council clearly stated that China shall “strengthen prevention and treatment of water pollution, focusing on potable water safety and management of key watersheds; scientifically designate and adjust reserves of potable water sources, concretely strengthen protection of these sources, adequately establish backup water supplies in cities, and adequately resolve potable water problems in rural areas; resolutely outlaw direct drain outlets located within water source reserves, strictly prevent water pollution by livestock and aquaculture industries, prohibit toxic and harmful substances in potable water sources reserves, strengthen prevention of and responses to incidents of water pollution, and ensure potable water safety for the public.” The amended Standards for Potable Water Safety increased the number of potable water quality indicators from 35 to 106.
200.The Ministries of Environmental Protection, Land and Resources, Construction, Water Resources, Health and other ministries are pooling together their respective responsibilities to continuously strengthen supervision, inspection, and testing at all stages of potable water safety, as well as to seriously investigate and punish illegal acts in this regard. The competent authorities push forward efforts to establish networks to monitor potable water safety in cities, organize supervision and sample-testing of potable water safety, strengthen supervision and management of disinfectants and all other products that affect potable water safety, soundly deal with potable water pollution and other public health incidents, and comprehensively advance efforts to safeguard potable water safety.
201. In the last four years, China invested 32 billion [yuan] to resolve the potable water safety problems for the rural population. Through methods such as budget subsidies and tax breaks, the central government collaborated with local governments, relevant ministries and enterprises, and chose 1000 administrative villages
across the country to promote 2000 units of advanced potable water distribution processing equipment and train 2000 rural potable water processing technicians. Within a few years, this allowed more than one million rural residents access to safe and high-quality potable water.
202. In recent years, conditions of urban and rural residents' access to safe potable water have improved. 98.2 percent of urban households have access to safe potable water. 85.8 percent of rural households have access to safe potable water while 41.9 percent have access to tap water; both are notable increases compared to 80.2 percent and 34.0 percent respectively in 2003. In 2000, 379 million rural residents had no access to safe potable water; in 2007, that number decreased to 251 million. In accordance with the 11th Five-Year Plan, 160 million people are to have access to safe potable water between 2006-2010, which far exceeds the requirements of the Millennium Development Goals.
(4) Environmental Protection in Rural Areas
203. In protecting the environment in rural areas, China focuses on protecting potable water safety and rectifying pollution resulting from livestock- and poultry-raising, domestic sewage and garbage pollution, mining industrial pollution, and soil pollution, and accelerates the building of basic infrastructure for environmental protection. Since 2008, the central government invested approximately 1.5 billion yuan specifically in environmental protection in rural areas, which helped 2,160 villages and towns to develop comprehensive environmental management and build ecological demonstration sites. This government investment mobilized approximately another 2.5 billion yuan from other regions and directly benefited 13 million farmers.
204. The work of improving drinking water and lavatories in villages is proceeding smoothly. In 2005-2009, China increased the level of its support for improving drinking water and lavatories in rural areas. Since 2005, when the central government began to provide public health project subsidies to local governments specifically to improve drinking water and lavatories in rural areas, the central government has allocated a total of 2.863 billion yuan and provincial governments, 1.808 billion yuan, on building harmless
sanitary lavatories for 8.51 million households. As of the end of 2008, 59.72 percent of rural villages in China have access to sanitary lavatories, a 4.41 percentage-point increase from the end of 2005. Access to harmless sanitary lavatories increased by 6.73 percentage points.
(5) Health Monitoring
205. Health monitoring work continues to advance. In 2004, only 80.7 percent of cities and 45.8 percent of counties have established institutions to monitor health. As of the end of 2009, 98 percent of cities and 93 percent of counties have established independent institutions to monitor health. The central government has invested over several years more than 1.3 billion yuan to support capacity building of health monitoring institutions in mid-western regions and train their personnel. Percentage of food products that passed inspection increased from 88.64 percent in 2005 to 91.26 percent in 2008. In 2005-2009, health monitoring and inspection were carried out in important public facilities to strengthen prevention of air-born infectious diseases at these locations; a management system of quantitative classification was introduced to monitor the health condition of public facilities, especially in the hospitality sector.
6. Immunization Plans and Other Strategies to Control Other Infectious Diseases
206. China attaches great importance to preventive inoculation and continues to expand immunization programs by routinely vaccinating children at an appropriate age and by including in the national immunization program the following vaccines: hepatitis B vaccines, Bacillus Calmette–Guérin vaccines, polio vaccines, DPT vaccines, measles vaccines, Epstein-Barr virus vaccines, hepatitis A vaccines, meningitis vaccines, encephalitis B vaccines, and vaccines for measles, mumps and rubella. There are a total of 14 vaccines that prevent 15 types of infectious diseases, including 11 types of routine vaccines for children preventing 12 types of diseases. In 2009, 97.9 percent of urban and rural children participated in the immunization program and received vaccination cards, which is notable increase from 2003, when the figure was 88.8 percent. The actual rate of children receiving the five inoculations was higher
than 90 percent, and the rate of inoculation against BCG, tetanus, polio, and, especially, hepatitis B clearly increased. China continues to be polio-free.
207. Prevention of schistosomiasis, malaria, echinococcosis and other parasitic diseases has been strengthened. Counties which are epidemic areas of schistosomiasis have all had the disease under control. In 2007, malaria and echinococcosis were added to the list of major infectious diseases for which treatment is free of charge. In 95 percent of these counties, the malaria disease rates had dropped to one case per 10,000 people. As of mid-December 2009, there were 13,914 reported cases of malaria, an approximately 50 percent drop from the same period in 2008.
208. Efforts to eliminate iodine deficiency disorder (IDD) made significant gains. At present, there are 27 provinces in China, which have achieved or largely achieved the objective of eliminating IDD. The rate of consumption of adequately iodized salt increased from 39.9 percent in 1995 to 96.4 percent in 2009. More than 90 percent of residents in 95.4 percent of the counties consume adequately iodized salt.
209. Disease prevention at the local level continues to move forward. By 2009, six million households living in areas with incidences of fluorosis resulting from coal-burning pollution are improving their stoves, with 72.3 percent of these households having completed such improvement; in 2007, the water improvement rate in village areas with incidences of fluorosis resulting from water consumption was 58 percent, benefiting 49.5 million people; water improvement rate in village areas with incidences of arsenic poisoning resulting from water consumption and areas with high concentration of arsenic was 36.2 percent, benefiting 650,000 people.
210. Programs to screen cancer among pilot and focus populations identified for early diagnosis and early treatment have achieved marked results. Since 2005, efforts at early diagnosis and treatment of seven types of cancer, including esophageal cancer, cervical cancer, breast cancer and seven other types of cancer have gradually developed; as of the end of 2009, early diagnosis and treatment programs for the aforementioned cancer already started in 115 counties in 31 provinces,
screening a total of 650,000 people. In 2009, cervical and breast cancer screening for rural women was included as a major national public health special project, and screening for the two types of cancer has begun within a certain scope. In the three year period of 2009-2011, ten million women in 221 counties (cities, districts) in 31 provinces (districts, cities) are to undergo free cervical cancer screening, while one million women in 200 counties (cities, districts) are to undergo free breast cancer screening.
211. Concrete strengthening of prevention and treatment of occupational diseases and protection against radiation. Between 2005-2009, the State Council's General Office published, among others, the National Plan for the Prevention and Treatment of Occupation Diseases (2009-2015); organized the revision of the diagnostic criteria for 24 categories of occupational diseases, the methods to identify and evaluate toxicity of 43 types of chemical products, health and prevention guidance for 10 sectoral professions, methods to measure 118 types of harmful air-borne substances in workplaces, and methods to test the exposure limits of 10 types of organisms. By doing so, the General Office established a system of regulations and standards to monitor and manage occupational health and radiological health. The government organized the examination of qualifications of institutions providing technical services concerning occupational health and strengthened supervision and management in this regard; organized activities to evaluate the risks of occupational diseases in the construction sector, inspected the design of protective facilities and approval upon completion, with the rate of approval upon completion increasing from 73.8 percent in 2008 to 93.8 percent in 2008.
7. Strengthen Public Health Emergency Response, Increase Capacity to Prevent Diseases
212. The Chinese government insists on a prevention-led policy to strengthen institutions of public health services and medical treatment. In the period of 2003-2006, central and local governments allocated 10.6 billion yuan and supported the building of 2,448 disease prevention and control centers. Since January 1, 2004, China activated an information management system designed for reporting outbreaks of public health incidents; the
system is based on direct online reporting of individual cases of infectious diseases and on reporting of incidents. As of the end of 2008, 100 percent of China's disease prevention and control institutions, 96.98 percent of its medical institutions at and above the county-level, and 82.21 percent of its village and township health centers have already adopted direct online reporting.
213. On May 12, 2008, a huge earthquake hit Wenchuan, Sichuan, China. Organizations from various regions across the country mobilized and dispatched several tens of thousands of medical and health workers to provide disaster relief at the frontline and immediately began to provide medical assistance and disease prevention services. 10,015 injured persons were urgently transferred to 20 other provinces, 9,000 or so of their family members were resettled and cared for, and 5,000 medical professionals were dispatched to escort the injured persons throughout the transfer, allowing the latter to receive timely and effective treatment.
214. In 2009, there was a global outbreak of an influenza A H1N1 epidemic. The Chinese government perfected a monitoring network of sample influenza cases and subjected influenza to the prevention and control measures for category B infectious diseases required by the Law on Prevention of Infectious Diseases. At the same time, influenza A H1N1 has also been incorporated into the Border Health and Quarantine Law as one of the infectious diseases on which aquarantine can be imposed, and it effectively reduced the speed at which the disease entered, spread and became prevalent in China. In 2009, influenza vaccine has officially gone into production, and China became the first country in the world to complete research and development of, register, and use the vaccine. In accordance with principles of “informed, voluntary, and free” inoculation, China has vaccinated a total of 57,390,000 people as of January 10, 2010.
8. Further Strengthen International Cooperation in Health
215. The Chinese government actively engages in all-round, multi-level, and wide-ranging international cooperation and exchange on health, seeking international multilateral, bilateral aid gratis, as well as donation and concessional loans from international
financial institutions and foreign governments. These funds are used to build new programs and to support and create opportunities for efforts on health, poverty reduction, health of ethnic minorities, and regional health planning. At the same time, China also actively participates in international health development, supports the World Health Organization, UNAIDS, and the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria, and promotes South-South cooperation. Since 2002, China has dispatched foreign aid medical teams to 48 countries and regions in Asia, Africa, Latin America, Europe and Oceania, sending a total of about 4,800 personnel and treating 50 million patients. At present, China has 42 medical teams, or 1,252 personnel, on the ground in 48 Asian, African and Latin American countries, stationing in 120 locations. Among them, 42 medical teams, or about 1,000 personnel, are in 41 African countries. China will continue to put great efforts into supporting the development of health services in developing countries
9. Responses to Relevant Recommendations in the Concluding Observations
(1) Paragraph 60 Concerning the Prevention of the Spread of HIV/AIDS
216.Allocation of funds in the central government's budget for HIV/AIDS prevention work increases annually while budgetary allocation by local governments has also greatly increased. In the last five years, China has adopted proactive measures to: strengthen prevention and control of HIV/AIDS and protection of people living with HIV/AIDS and their rights; strengthen monitoring of the disease and strict reporting of the situation; comprehensively implement the policy of “Four Frees and One Care”; actively promote the use of condoms, develop community-based drug maintenance treatment, clean needles exchange and other prevention efforts; create integrative AIDS prevention demonstration district to explore mechanisms and models of AIDS prevention that accord with real local conditions; and actively develop basic research and applied research. Exchange and cooperation with the international community has further strengthened, and social organizations and NGOs have growing importance in HIV/AIDS prevention. As of October 31, 2009, a total of 319,877 HIV-infected individuals and AIDS patients
over the years have been recorded, 102,323 of who are AIDS patients and 49,845 died. As of the end of 2009, it is estimated that there are 740,000 surviving HIV-infected individuals and patients in China.
(2) Paragraph 64 Concerning the Prevention and Treatment of Mental Illness
217. According to the Opinion on Deepening the Health Care System Reform, published by the government in March 2009, China will invest more than 10 billion yuan over three years to renovate and expand more than 500 mental health medical institutions and establish psychological assistance hotlines in 16 cities, in order to provide the public convenient, timely mental health education, psychological counseling, and psychological crisis intervention services.
218. Suicide rates, especially among women, dropped significantly. Published in October 2008, the Ministry of Health's “Third National Sampling Survey Review of Causes of Death” indicates that the national suicide rate is 13.09 deaths per 100,000 (12.29 deaths per 100,000 among women, 13.85 per 100,000 among men), which places China in the medium bracket globally. At the same time, according to data collected through monitoring by the Ministry of Health, the total suicide death rate in both urban and rural areas dropped 33.9 percentage points (Figure 17), with the rate dropping by 48.3 percentage points among rural women; since 2000, suicide death rates among both urban and rural women are lower than those among men, which represent a big improvement compared to the early 1990s when the suicide rate among rural women was higher than that among men.
10. Difficulties and Challenges
219. With respect to maternal and child health care, obstetric services and first-aid capacity in rural and remote regions is still weak. With respect to prevention and treatment of hepatitis B, due to constraints on accessibility of prevention and care services, it is more difficult to quickly and substantially increase the coverage rates for hepatitis B vaccination among children in western China and remote rural areas as well as newborns in areas with high migrant populations. With respect to AIDS prevention and treatment, the level of
participation in prevention and treatment among populations affected by AIDS is not high, and discrimination against infected persons and patients persists, thereby undermining their eagerness to seek prevention and treatment services.
220. To address the above-mentioned situations, China will put greater energy into maternal and child health care work, and continue to make unremitting efforts to achieve its new development goals. Through adopting integrative measures such as promoting hospital delivery, reinforcing preventive inoculation against hepatitis B, and strengthening public education, the Ministry of Health aims to contain the high prevalence of hepatitis B. China will continue to expand public education with respect to AIDS prevention and treatment, enhance awareness among the entire population of AIDS prevention and treatment, reduce social discrimination, and nurture a sound environment for the prevention and treatment of AIDS.
XI. Articles 13 and 14 – The Right to Education
1. The State’s Legal Guarantees and Policy Reform Planning for the Right to Education
221. China’s Constitution stipulates that receiving education is a fundamental right of citizens. Currently, China has a legal system with the Education Law [教育法 ] at its core and includes other laws such as the Compulsory Education Law of the PRC [义务教育法], the Vocational Educational Law of the PRC [职业教育法], the Higher Education Law of the PRC [高等教育法 ], the Teachers Law [教师法 ], and a number of regulations and rules. These clearly establish China’s education system, basic structure, schools, and the rights and responsibilities between students and teachers. From the legislative perspective, the citizen’s right to education is realized. Since the legal provisions have already been set out in China’s initial report to the CESCR, they will not be elaborated here. 222. In 2008, the Chinese government began to formulate the “National Outline for Medium and Long-term Education Reform and Development (2010-2020)” (the Outline) [国家中长期教育改革和发展规划纲要
(2010-2020年)], and determined the overall planning and specific tasks for educational reform and development until 2020. [The formulation of the outline] took a period of two years during which [the government] conducted extensive research and surveys, experts and scholars made assessments, and public opinions were solicited on the Outline. On April 15 and May 5, 2010, the Outline was reviewed and in principle approved at meetings at the State Science and Technology Education Leading Group and the State Council’s Standing Committee. It is expected that the Outline will soon be promulgated and implemented. The Outline sets out: to achieve higher quality of universal education, to establish equal level of education that benefits all citizens, to provide richer and higher quality education, to build a complete system of lifelong education, and to develop a vibrant education system.
223. Specifically targeting dilemmas and obstacles in China’s present education system, the Outline sets out the following work direction: “prioritizing development, educating people, reform and innovation, promoting equality, and raising quality”. Among these, educating people is the core [principle], promoting equality and raising quality are the focus, and prioritizing development and reform and innovation are guarantees. 224.The Outline designates eight development tasks: pre-school education, compulsory education, high school level education, vocational education, higher level education, continuing education, ethnic education, and special education; six reform tasks: talent cultivation system, examination and enrollment systems, school systems, establishing schools system, management system reform, and expanding the opening up of education; six support tasks: reinforce organizational leadership, reinforce team building for teachers, guarantee financial input, expedite educational informational improvement, push for rule of law in education, implement major projects and pilot reform [programs/projects]. 225. The Outline clearly states that by 2012, the national expenditure on education will rise to 4 percent of gross domestic product (GDP). Since the 4 percent goal was set
out in the 1990s, the State has continuously increased the education inputs. From 2004 to 2008, China’s national education expenditure increased from 446.6 billion yuan to 1.045 trillion yuan, an average annual growth of 23.7 percent -- the proportion of such expenditure to the GDP increased per year by, respectively, 2.79 percent, 2.82 percent, 3 percent, 3.32 percent, and 3.48 percent. Considering that China’s 2009 national revenue was 20.4 percent of its GDP, ten percentage points lower than the national average of all countries. In the short term, it will be difficult to raise the national revenue as a portion of the GDP. Further, because China is in a critical stage of economic development, there are more programs needing fiscal protection, realizing the 4 percent goal is no easy task and requires strenuous efforts from all levels of government. 2. Situation of Education at all Levels 226. Since 2003, education matters continue to develop in a healthy and coordinated way. In 2009, China had a total of 552,400 schools at different levels, among them were 322,000 schools providing primary education, 88,000 schools providing secondary education (including 14,000 vocational schools), 2689 higher education facilities, as well as 14,000 kindergartens and special education schools throughout urban and rural areas in the entire country. There were 260 million enrolled students and 13.962 million teachers. Chinese citizens on average go through 8.7 years of formal education; the average number of years of education among new labour forces is 12.4 years. According to statistics, at the end of 2007, individuals with junior college or higher education reached more than 70 million, or 6.2 percent of the total population. 227. The Chinese government has been committed to nine years of free universal compulsory education. In 2006, China comprehensively amended the 1986 Compulsory Education Law of the PRC and took a step forward in clarifying that compulsory education is vital to the protection of public welfare, and that no fees and incidentals are to be collected. From 2006, the State began nationwide phasing out of fees for compulsory education in rural and urban areas. From then on, free compulsory education was realized in urban and rural
locations throughout China; 150 million students benefited. This is an important step forward in China’s protection of the right to education. The State also provided free textbooks to rural students in compulsory education, and provided living expenses for boarding students who come from economically disadvantaged families in the urban and rural compulsory education stage. Up to the end of 2009, 10 million economically disadvantaged households with children in boarding schools received aid for living expenses. By 2007, attendees of the national nine-year compulsory education system reached 99 percent; compulsory education entered a new era of development. 228.The net enrollment rate of elementary school-aged students increased from 99.05 percent in 2001 to 99.40 percent in 2009 (the number of boys increased from 99.08 percent to 99.36, and girls increased from 99.01 percent to 99.44 percent); the gross enrollment rate for junior middle school-aged children was 99 percent. Literacy rates significantly improved. The percentage of illiterate youths decreased from 4.8 percent in 2000 to below 3.58 percent in 2007. 229. In 2009, the national gross high school enrollment rate reached 79.2 percent, an increase of 36.4 percentage points from 2002. The State is continuously expediting the reform and development of secondary vocational level education. In 2009, the capacity of the secondary vocational education system was half of that of the high school system, with 21.95 million students. The employment rate of students from vocational schools reached more than 96 percent. National vocational education training through various programs reached yearly more than 150 million workers/times in rural and urban areas. 230. The State established a national education grant system for secondary vocational education institutions. Since the fall of 2007, those receiving financial assistance included rural students in the first and second level of full-day vocational schools and urban students from economically disadvantaged families, with each person receiving 1,500 yuan per year. As of 2009, the State provided more than 40 billion yuan of financial assistance to students in secondary vocational schools; of this
amount, 24 billion yuan were allocated from the central government’s budget, providing assistance annually to an average of 12 million students – 90 percent of whom were students from the first and second levels of vocational school. In 2009, the Chinese government decided to incrementally realize free vocational education. From the fall of 2009, [the government] started providing free education to vocational school students who came from rural financially disadvantaged families and who were in agriculture-related programs. 231. The gross enrollment rate for students in higher education increased from 15 percent in 2002 to 24.2 percent in 2009. The number of students in higher education increased from 13 million people in 2001 to 29.79 million people in 2009. The State established National Higher Education Scholarships and annually awards 50,000 exceptional students, who receive 8000 yuan per year. The State has established National Motivational Scholarships to reward students who excel in all aspects and come from economically disadvantaged families -– making up 3 percent of students, each receiving 5000 yuan per year. The State has established National Assistance grants to help students from economically disadvantaged families -– making up 20 percent of students, each receiving on average 2,000 yuan per year. The government further improved the National Student Loan System; in 2009, 1.021 million new students took out student loans, which reached 8.7 billion yuan. The higher education established a basic system combining awards, loans, assistance, supplement, and reduction to help students from economically disadvantaged families. 3. Increasing the Capacity of Teachers
232. To increase the quality of education, the Chinese government, pursuant to the Teachers Law and the Regulations on the Qualifications of Teachers and other laws and regulations, continuously improved the capacity building for teachers, and increased the salary and benefits and social position of teachers. In 2009, the number of teachers from different levels and institutions increased to 13.98 million. The academic and teaching level of teachers improved significantly. From 2003 to 2007, the State started a round of training for elementary
and middle school teachers, thereby increasing the actual education level of more than 8 million teachers from compulsory-level institutions and 800,000 teachers from high school institutions. Since 2008, the government started a new round of training for all elementary and middle school teachers and the training is presently being implemented. The central government’s financial department supported the implementation of the plan to train teachers from vocational schools and reinforce the “Double Teachers Method” among the ranks of teachers. “Double Teacher Method” encompasses the following meaings: in terms of teachers per se, it means teachers who can teach the theories and practices; in terms of the ranks of teachers, it means vocational schools have a group of full-time teachers as well as a group of part-time teachers who come from the front line of the production and service sectors. To further emphasize the importance of and improve the education of normal schools and cultivate a large group of talented teachers, the Chinese government decided that from the fall of 2007 to provide free education to students attending normal universities under the Ministry of Education. In 2009, the Chinese government decided to implement a system of salary-commensurate-with-performance for teachers in compulsory level grades, to raise the remuneration of 10.51 million elementary and middle school teachers. For this [initiative], the central government put in 12 billion yuan. 233. In the past few years, the State implemented the “Plan for Specific Teaching Positions in Rural Compulsory Education Level Schools.” It did so through open calls to university and college graduates to work in compulsory level schools in central and western rural areas; vigorous promotion to encourage urban teachers to support rural education; and the establishment of dialogues and support system between economically developed eastern regions with western areas. The “Training Scheme/ Plan of Teachers with Master of Degrees for Rural Areas Education” is implemented to help towns, counties, and villages to cultivate talented teachers; national plans to train elementary and middle school teachers in the central and western rural areas were formulated and implemented to elevate the professionalism of teachers. Thanks to the joint efforts of central and local governments, rural teachers can
basically satisfy the needs of schools, and, on the whole, the quality has improved. 4. Protecting the Right to Education of Special Groups 234. Through China’s rapid urbanization, a large number of rural villagers have entered cities to look for employment; the education of their children has become an acute problem for the development of education. The Chinese government takes this problem very seriously; in the past few years it has passed a series of laws, regulations, and policies to protect the right to compulsory education of children of rural migrants. The central government has provided subsidies to areas that have accepted many rural migrants who migrated with their children. Through the guiding principles of “eamphasizing the integration into the local government’s management and into public elementary and middle schools,” [the government] actively provides conditions for children of rural migrants to have equal compulsory education. 235. In the past few years, the Chinese government has taken a series of measures to develop compulsory education in rural areas. First, it provides specific funds to improve the condition of elementary and middle schools, including: establishing, since 2003, distance education networks for rural elementary and middle school students, which span 360,000 rural elementary and middle schools, allowing over 100 million elementary and middle school students to benefit from high quality education resources. Between 2004 and 2007, [the government] has implemented in the west the “Two Basics” (basic universal nine-year compulsory education, basic elimination of youth illiteracy). [It] renovated and expanded 8,000 rural boarding schools. Starting from 2009, the [government] has implemented safe building [projects] for elementary and middle schools so that elementary and middles schools can meet earthquake-proof standards, while at the same time elevate the [buildings’] prevention capacity. Second, it has included rural compulsory education into the context of the entire country’s financial security. At the end of 2005, the State Council decided to establish a new financial guarantee mechanism for the rural compulsory
education system in which the central and local government share financial burdens based on projects and proportions –– in order to elevate and protect the overall funding of rural compulsory education at the elementary and middle school levels. Third, the government pushes for even development of the compulsory education system, and works hard at eliminating the disparity of compulsory education between rural and urban areas. Local governments have been urged to reduce the disparity of compulsory education inside the regions from an institutional and a policy perspective, and local education departments have been asked to develop local plans, objectives, tasks, implementation steps and policy measures for the even development of compulsory education. To implement these measures in their areas, different local governments have begun massive work. 236. The Chinese government protects ethnic minority groups’ right to education and has actively pushed for development of education in ethnic regions. The Central Government continues to increase the budget invested; in the early 1990s the country already established a special fund for ethnic education, with the purpose of supporting ethnic regions to speed up the development of education. In recent years, the country has implemented programs to provide compulsory education in poverty-stricken areas, renovate dilapidated buildings in rural elementary and secondary schools, implement the “Two Basics” relief program and other projects in the western regions; in all, the Central Government invested almost 30 billion yuan and has greatly improved school conditions in ethnic regions. Number of counties in ethnic regions that have universalized the nine-year compulsory education has increased from 405 in 2003 to 685 in 2009, representing 94.7 percent of counties in ethnic regions. With respect to higher education -- developing ethnic education institutions and research facilities -- at the end of 2009, there were a total of 15 ethnic education institutions with more than 200,000 enrolled students, major research bases such as the “National Minority Research Center” inside the Central University for Nationalities were established. Starting from 2001, national programs of partner assistance among higher education facilities were implemented; currently, 64 higher education institutions are providing support and 38 institutions receive support, covering all ethnic regions. Currently, ethnic regions
have established complete systems of education from kindergarten to higher level education, the number of years of education for ethnic minorities have significantly increased. The number of years of education for 14 ethnic minorities, including ethnic Koreans, Manchurians, Mongolians, Kazakhs, and Xibes, is higher than the national average. As of the end of 2009, the number of full-time teachers for ethnic minority reached 1.135 million nationwide, and the number of enrolled ethnic minority students was 22.8,002 million. Among them, the number of ethnic minority students enrolled in general junior colleges, high schools, and elementary schools reached 1.4105 million, 6.7994 million, and 10.5912 million respectively, making up 6.58 percent, 8.64 percent, and 10.52 percent of the total students.
237. China places importance on the compulsory education of children with disabilities, continues to improve the compulsory education system for children with disabilities that places emphasis on special education classes and incorporating children with disablitieis in classes in regular public schools as well as schools for special education as backbone. To protect the right to education of children with disabilities, the 2006 amended Compulsory Education Law of the PRC stipulate specific rules for the improvement and development of special education; for example, local governments from the county level and above are responsible for setting up special education schools (classes); ordinary schools should accept children with disabilities who have the ability to receive general education and provide them with aid in study and rehabilitation. The public funds allocated per student in special education schools and classes should be higher than that of ordinary students. In 2009, the General Office of the State Council of the PRC transmitted the “Opinions on Further Accelerating the Development of Special Education” from eight government departments, including the Ministry of Education, the Ministry of Finance, and the China Disabled Person’s Federation. This expanded the scope of compulsory education for persons with disabilities, and called for the implementation of compulsory education for children with various forms of autism, cerebral palsy, and children with severe disabilities. It clearly put forward the [need] to accelerate development of special education,
particularly accelerating the development of primarily vocationally-oriented special education for persons with disability at higher secondary and higher education. Targeting the weaker links in special education, it put forward a series of policies and measures such as: improve the special education cost guarantee mechanism, strengthen the building of a body of special education teachers, elevate the quality of education for children with disabilities in the regular classes, and eliminate illiteracy among young individuals with disability. The Ministry of Education and the National Development and Reform Commission are currently building and renovating 1,160 schools in mid-western [China], thus allowing special education conditions to be significantly improved. Students with disabilities who receive compulsory education and vocational training universally enjoy “Two Exemptions and One Subsidy” policies [exemption of tuition and sundry study costs and subsidies to help cover living costs] and national grants, and students with disabilities from economically disadvantaged families receive necessary financial support. In 2009, the number of special education schools in China reached 1,672, educational staff reached 47,000 – among them 38,000 were teachers – and the number of students reached 428,000. Outside of this, a large number of students with mild disabilities attend ordinary schools. The cumulative number of students with disabilities who are admitted to universities reached 31,780. 5. The Situation of Private Schools and the Freedom to Choose Schools
238. Alongside the significant efforts to develop public education, the Chinese government places great importance on attracting various resources from society to cooperate in establishing educational institutions and in advancing China’s education cause. In 2002, the National People’s Congress passed the Private Education Promotion Law. It explicitly sets out the principles of “active encouragement, strong support, proper guidance, and management in accordance with the law.” In 2009, the entire country had different levels and types of private schools that numbered more than 100,000, with 30.654 million students, representing 19.3 percent of the total number of schools of different levels and types and 11.8 percent of all students, respectively, in all of China.
239. In China, parents and legal guardians have the freedom to choose for their children non-public schools that meet the country’s education standards. Children in school can receive moral education. 240. China’s Constitution mandates that citizens have freedom of religion, including freedom to [choose] religion and the freedom not to have religious belief, and the freedom to have different religious beliefs. China has never banned parents and legal guardians from preaching religious knowledge to minors and taking them to participate in religious practices. At the same time, China implements the principle of separation between religion and education. The Constitution stipulates that religion shall not be used to obstruct the activities undertaken by the country’s education system. Thus, in China’s national education system, there is no religious education, particularly towards young children. Religion studies must not impede children from receiving their regular compulsory education. 6. Difficulties and Challenges
241. Currently, the development of China’s education system is faced with rare opportunities, and, even more so, faced with harsh challenges. There are many difficulties and problems, which include: 1) the level of educational development still cannot meet the education demands of a large population; 2) between rural and urban areas, and between different regions, the development of education is not uniform; 3) the public educational budget is insufficient, and the total shortage of educational resources is a very serious problem. In the next period, the Chinese government will continue to implement the Education Law and other laws, to realize the “National Outline for Medium and Long-term Education Reform and Development (2010—2020),” and increase funding for the education system. 7. Response to the Committee’s Concluding Observations
242. The information in the above sections separately respond to paragraph 66 of the Committee’s concluding observations and recommendations regarding free compulsory education and the right to education for
special groups. 8. Further Expansion of Education Foreign Exchange and Cooperation
243. As of the end of 2009, China has established educational exchanges with more than 190 countries and regions, UNESCO, and other international organizations, and signed agreements to mutually recognize degrees from 35 different countries and regions. The Chinese government consistently supports its citizens to study abroad. In 2009, the number of students who studied abroad reached 229,300 people, an increase of 27.5 percent. 244. Since the founding of the new China 60 years ago, the cumulative number of foreign students that China has received is more than 1.69 million. In 2009, there were 238,184 foreign students in China from 190 countries and regions, an increase of 6.57 percent. Since new China was founded, new high was recorded in four areas: the total number of foreign students, the number of countries and regions where students come from, the number of foreign students that China accepts, and the number of recipients of Chinese government scholarships. XII. Article 15 – The Right to Participate in Cultural Life and to Enjoy the Progress of Science and Technology 1. The Right to Culture
(1) Development of Public Cultural Services
245. In recent years, the Chinese government raised the goal of accelerating the establishment of public cultural services throughout the country, and took a series of related government measures. 246. In June 2003, the State Council announced the “Regulation on Public Cultural and Sports Facilities” to improve the basic system of public cultural facilities including, libraries, museums, cultural centers, and art galleries and other public from planning, constructing, funding, services and management point of view. At the present time, the State Council is currently reviewing the “Regulation on Museum Management.” In 2009, the
Ministry of Culture formulated the “Program for the Construction and Implementation of a Basic Public Cultural Service System (2009-2013)” and other normative documents; it promulgated the “Measures for Village and Towns Joint Cultural Stations Management” to clearly set out the nature, function, responsibilities, and safeguard measures for non-profit cultural programs at joint village and town cultural stations. [The State] is currently in the process of preliminary investigation and research on legislation related to public libraries. 247. Between 2003 and 2008, China’s total expenditure on cultural programs cumulatively amounted to 94.651 billion yuan, an annual rate of increase of 21.41 percent. The financial investment in performing arts groups by different levels of government financial departments reached 23.909 billion yuan, an annual rate of increase of 16.3 percent. Financial investment into public libraries amounted to 19.138 billion yuan, an annual rate of increase of 18.4 percent. The investment in mass culture programs reached 19.81 billion yuan, an annual rate of increase of 22.67 percent. 248. Between 2003-2008, capital construction investment on public cultural facilities reached 21.426 billion yuan including a large number of newly built and expanded libraries, museums, cultural centers, theaters, concert halls and other cultural facilities. Between 2007 and 2010, the country invested 3.948 billion yuan to support the construction 24,200 joint village and town cultural stations, by the end of 2010 the goal of “A Joint Cultural Station in Each Village” would be realized. Starting from 2008, the state equipped existing joint village and town cultural stations with the necessary equipment, and allotted 259 million yuan in 2008, 483 million yuan in 2009. Up until now, 10,871 joint village and town cultural stations in central west China regions have been equipped with operations equipment, accounting for 26.63 percent of the total number of towns and villages in China. 249. Beginning in 2004, state-owned museums, memorial halls, art galleries and other public cultural centers of all levels and types in China have gradually implemented policies of free admission or discounted admission, thus
allowing more members of the public to utilize these facilities. As of the end of 2008, 1,007 museums and memorial halls in China successively provided free admission and the number of attendees reached more than 154 million. 250. The State is planning to allocate a cumulative budget of 2.476 billion yuan from 2007 to 2010 to build a digital service system that is full of resources and covers urban and rural areas with digital resource construction as core and multimedia as methods. [the government] is working hard to realize [the plan] of “Every Village Connected”. Between 2007 and 2009, the Central government’s finance department already allotted 2.071 billion yuan. (2) A Prosperous and Standardized Cultural Market 251. The Chinese government continues to flourish in cultural markets such as performances, audio and video, art, and entertainment. In 2008, there were 275,668 different books and materials published, 9,549 periodicals, 11,721 sound recordings, and 11,772 video products. At the present time, there are more than 2,600 different radio and television stations, whose broadcasts reach 96.3 percent and 97.2 percent respectively. As of the end of 2009, China’s Internet penetration rate reached 28.9 percent – higher than the international average. 252. In 2009, the State Council announced the “Cultural Industry Promotion Plan” – prioritizing the development of numerous parks and gardens, prioritizing industry, prioritizing projects, and prioritizing exhibitions. At the same time, the Chinese government continues to improve the legal framework of the cultural market, standardizing administrative enforcement action of the cultural market, and creating a fair, equitable, healthy, and orderly system of cultural development, thus ensuring that the public’s right to culture in the circulation market is not infringed. In 2005 and 2008, the State Council amended twice the “Regulation on Commercial Performances Management,” in 2006 completed amended work on the “Regulation on Entertainment Venues Management.” At the present time, legislative work is being done on the “Regulations on Art Products Market Management.”
253. The majority of cultural products now realize their true value through the open market and equal exchange. The cultural market has become the main channel for providing cultural products and satisfaction to the public. At the present time, China’s entertainment, performances, audio and video, cultural/historic art products, Internet culture, animation games, and other products have basically realized the full range of domestic private capital with an open process, at the same time, the [market] is also open to foreign investors in a proper way. As of the end of 2008, the national cultural registry system has registered 1,305 performance agencies; 84,356 cultural entertainment venues; 1,697 art products operation agencies; 74,369 wholesale, retail, and rental operations of audio and video products; and 130,000 Internet cafes. There are 420,000 performances by performance groups of the national cultural department, 71.19 million netizens in Internet cafes across the country, representing 33.9 percent of all netizens. The cultural market has produced a supply and demand structure for cultural products with diversity and multi-channeled, and a distribution network for culture products with fast circulation, broad coverage and with large capacity. (3) Emphasis on Cultural Heritage Protection 254. In 2004, China joined the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, and a total of 26 items were selected into the List of the Intangible Cultural Heritage of Humanity. In December 2005, the State Council, through the “Notice on Strengthening the Protection of Cultural Heritage,” established a basic protection system for intangible cultural heritage. The Intangible Cultural Heritage Protection Law is presently being reviewed. In December 2007, the Standing Committee of the National People’s Congress again amended the Cultural Relics Protection Law of the PRC, and strengthened the government’s responsibility to protect cultural relics. 255. The central and local governments of all levels have strongly supported the work of protecting intangible cultural heritage. As of July 2009, the central government has cumulatively invested 695 million yuan specifically allotted for the protection of intangible cultural heritage.
The funds were used for census investigations, record keeping, protection, training, research, dissemination, publication, and inheritors to start activities that pass [knowledge] about the intangible heritage products. According to incomplete data, from 2005 to 2009 provincial level governments invested 1.13 billion yuan. The increase of funds has been effectively ensured that the work is carried out. 256. Through a national census of intangible cultural heritage starting in June 2005, [the state] has assessed the basic condition of intangible cultural heritage [sites], including types, quantity, distribution, environment, conservation status and problems. [It] also had the detailed records and conservation, which saved a group of precious intangible cultural heritage [sites] that faced imminent destruction. In 2006, 2008, the State Council approved and announced two lists that contained 1,028 national intangible cultural heritage items. In total, the State assessed and announced 4,315 provincial-level intangible cultural heritage items; several cities and counties also esatblished their own levels of intangible cultural heritage items. The national intangible cultural heritage lists system has been practically realized. In 2007, 2008, and 2009, the Ministry of Culture named and announced three groups of national level intangible cultural heritage inheritors that totaled 1,488 people. Beginning in 2008, the State annually provided 8,000 yuan per person to [those inheritors] to encourage and fund them doing activities that passed on the culture. In 2006, the China Academy of Art edited and finished China’s first comprehensive and systematic research theory for intangible cultural heritage called “An Introduction to the Intangible Cultural Heritage.” (4) Strengthening the Building of Ethnic Minority Culture 257. Every ethnic group in China has the right and freedom to use and develop their own language. Among China’s 55 ethnic minority groups, other than the Hui and Manchu that use Mandarin, the 53 other groups have their own ethnic languages. Regardless of whether it is in the country’s political, social, judicial, administrative, educational or other contexts, the languages of ethnic minorities are widely used
258. Through China’s long history and development, ethnic minorities have established their own unique and different cultures. In China, the traditional culture of ethnic minorities are respected and protected; every ethnicity can freely retain and develop its own ethnic culture. To ensure ethnic minority cultures are protected, the State set plans to organize the work of collecting, collating, translating, and publishing ethnic minority cultural heritage, and to protect ethnic minority historical sites, rare cultural relics, and other important historical cultural heritage. Currently, each of China’s 55 ethnic minority groups has a booklet that briefly documents their history. For the construction of cultural facilities in ethnic minority regions, the training of artistic talent, the exchange with foreigners, and the protection of historical relics, preferential governmental policies have been implemented. 259. The majority of China’s ethnic minorities have their own religious beliefs. The Chinese government has implemented policies of freedom of religious belief, and always respects and protects citizens’ – including ethnic minorities – right to freely choose their religious beliefs. These protections are entrenched in China’s Constitution and laws. Using Tibet as an example, towards every type of religion, every denomination, believers and non-believers in Tibet, all levels of government have treated them equally, respected and protected all religious activities according to the law. The Central Government and the Tibetan Autonomous Region have set numerous locations – such as the Potala Palace, the Jokhang Temple, the Drepung Monastery, the Sakya Monastery, and the Sera Monastery – as national or regional important protected relics. In the past 20 years, the state has cumulatively invested 700 million yuan to restore more than 1,400 monasteries, historical relics, and religious venues. 260. To promote the establishment of culture in ethnic minority regions, the Chinese government has, for developing ethnic minority culture, set out a “Four Priority Policy” including favoring the construction of cultural facilities, the training of literary and artistic personnel, the culture exchange with the outside world, and the protection of cultural heritage. Presently,
nationwide, there are 10,282 ethnic cultural organizations, which employ 76,152 people, and include 651 performing troupes, 127 ethnic minority song and dance performing groups, 191 performance centers, 163 theaters and cinemas, 604 libraries, 80 mass art galleries, 643 cultural centers, 6,859 cultural stations, and 240 museums. 261. Through important cultural projects in ethnic minority areas, the Central Government has provided enormous support to their cultural work. With respect to cultural sharing projects, as of the end of 2008, 34,357 centers of all levels and primary service points were constructed in eight ethnic regions, including Xinjian and Tibet. At the same time, translation and dubbing work of ethnic minority languages began in August 2006. In 2007 and 2008, two years in a row, a total of 16 million yuan was spent on carrying out translations of Weizang Tibetan, Anduo Tibetan Mongolian, Uyghur, Kazakh, and Korean. In projects to send books to the countryside, the Ministry of Culture and the Ministry of Finance, between 2003 and 2008, sent 1.42 million books with value of 29.75 million yuan to eight different ethnic minority provinces or regions and border regions including Inner Mongolia, Tibet, and Xinjiang. Between 2006 and 2008, the central government transferred 2.94 million yuan to Tibet and Xinjiang to purchase ethnic language books. In performance caravan projects, between 2006 and 2008 the Ministry of Culture sent to eight different ethnic minority provinces 174 performance caravans, valued at 57.27 million yuan. In 2009, [the state] initiated the Tibet’s “Eleventh Five Year” Important Culture Objects Protection Project with a 570 million yuan investment. In 2009, the Chinese government fully implemented projects to protect ancient books in the Tibetan Autonomous Region. (5) Emphasizing International Cultural Exchange and Cooperation, Promoting Civilized Conversations and Mutual Understanding 262. Chinese citizens enjoy broad rights in having contact, understanding, and appreciating the cultures of other countries and regions. As of 2009, China has signed 145 inter-governmental agreements for cultural cooperation and for the planning of nearly 800 annual
cultural exchange programs, has intimate connections and cooperations with thousands of cultural organizations, has established 1,500 friendly states and cities relationships in 120 countries, and has also established friendly cooperation relations with 458 civil society groups and organizations in 148 countries. In the past five years, the number of large international cultural events that China has hosted continues to increase; the international multilateral cultural exchanges are now more active than ever. 263. China has consistently advocated for the protection and promotion of cultural diversity and has enthusiastically developed cooperation with UNESCO in relevant fields. In December 2006, China ratified the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and in June 2007, at the first session, China was elected as a committee member of the Intergovernmental Committee for the Protection and Promotion of Diversity of Cultural Expressions. Between 2007 and 2009, China as a committee member, has been actively involved in the formulating the implementation rules of the Convention. 2. Technology Related Rights 264. After the enactment of the Law of the PRC on Popularization of Science and Technology in June 2002, the amended Law of the PRC on Progress of Science and Technology also went to effect on July 1, 2008, and it clearly provided that: “The State guarantees the freedom of scientific research and technological development, encourages scientific exploration and technological innovation and protects the legitimate rights and interests of scientists and technicians.” 265.In July 2004, the Chinese government formulated the “2004-2010 National Science and Technology Infrastructure Platform Construction Program” – established more than 30 technology infrastructure platforms providing service to society in six areas including research and testing basic and large equipment, natural science and technology resources, scientific data, scientific literature, network technology environment, and technological achievements transformation. [It] has invested more than 2 billillion
yuan. The July 2008 amended Law of the PRC on Progress of Science and Technology clarified the government’s responsibilities in promoting sharing scientific and technological resources, as well as the requirement for organizations managing scientific and technological resources to fulfill the obligations of resource sharing. In September 2009, the Chinese government launched the “Portal of Chinese Science and Technology Resource,” which integrates and shares with the public 14,000 units of large scientific instruments that originally cost more than 200,000 yuan, 8.67 million copies of natural science and technology resources, more than 35.5 terabytes of scientific data, 215,000 different scientific and technological books, 17,000 Western science and technology journals and other related science and technology infrastructure resources. 266. To promote the development of industries such as new energy and energy conservation, the Chinese government developed the “Energy-Saving and Reducing Emission Technology Special Action Program.” According to preliminary statistics, since the “11th Five-Year Plan,” 13 billion yuan have cumulatively been allocated and more than 350 research and development projects have been arranged to energy-saving and emission-reducing technology. 267. In the period of the “11th Five-Year Plan,” technology support programs for agriculture-related fields received three times more funding than the “10th Five-Year Plan” did and reached 5.5 billion yuan. There are more than 7,700 organizations that promote the improvement and promotion of technological services, 8,084 rural cooperation organizations that support and provide training on agriculture-related technologies – more than 69 million farmers have been trained. 268. The Chinese government’s investment is the basis for the realization of the right to scientific research (Figure 18). In the past five years, the Chinese government continues to increase its funds into national natural science [projects] – from 2.7 billion yuan in 2005 to 6.4 billion yuan in 2009. Since the promulgation and implementation of the Regulation on National Science and Technology Award, the national science and technology award system continues to improve and
develop in the practice. Between 2000 and 2009, 3,022 projects, 27,772 individuals, and one international organization have won the national science and technology award. 269. In 2006, the Chinese government promulgated the “National Scientific Literacy Action Plan (2006—2010—2020 year)” – a comprehensive plan for popularizing science and technology. In 2008, there were 1.761 million science-related staff from different fields, an increase of 8.47 percent from 2006. In 2008, 1,107 science venues of different types with more than 500 square meters were constructed, this was an increase of 28.87 percent since 2006. In 2008, a total of 3,888 kinds of science-popularization books were published, an increase of 22.96 percent from 2006; a total of 561 scientific journals were also published, totaling 143 million volumes, this was an increase of nearly 8 percent from 2006. In 2008, 95,000 science and technology workshops were organized, with 160 million participants, an increase of 8.06 percent from 2006; 115,300 thematic science and technology exhibitions were also organized, with more than 197 million participants, an increase of 35.77 percent since 2006; 46,900 competitions were organized by different science and technology organizations, participant numbers reached 48.4884 million, an increase of 14.77 percent since 2006. 270. Beginning in 2006, the China Association for Science and Technology and the Ministry of Finance jointly launched the “Science Popularization, Benefits to Farmers and Making Villages Prosperous Plan.” Through awards and subsidies to organizations that advance and develop agricultural science and technology, more farmers are driven to improve their knowledge of science and culture, they have mastered production labor skills, enhanced the technology of agricultural sciences and the use, interest, and knowledge of science and technology. In the four years, the Central Government has made arrangements to transfer 450 million yuan of funds. 271.The Law of the PRC on Progress of Science and Technology stipulates: The Government of the People’s Republic of China shall promote scientific and technological cooperation and exchange with the governments of other countries and international
organizations, and encourage scientific research and technological development institutions, institutions of higher education scientists and technicians, scientific and technological public organizations as well as enterprises and institutions to carry out international scientific and technological cooperation and exchange according to law. At the present time, the Chinese government has established science and technology cooperative relationships with 152 countries, regions, and international organizations, and has signed cooperation agreements on science and technology with nearly a hundred foreign governments. 3. Protecting Intellectual Property Rights 272. On December 29, 2006, China ratified and joined onto the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). On October 28, 2007, ratified and accepted the World Trade Organization (WTO)’s Protocol Amending the TRIPS Agreement. 273. The State Council has issued a series of administrative regulations for copyright protection, such as the Copyright Collective Management Regulations (2004), the Information Network Transmission Right Protection Regulation (2006), and the Interim Measures for the Payment of the Remuneration for Audio Products Played by Radio and Television Stations (2009). The amended Copyright Law came into effect on April 1, 2010, presenting a step forward in improving the system of protecting the copyrights. 274. Aside from this, the amended Patent Law, which came into effect on October 1, 2009, improved the ability for innovation, and promoted economic and social development. The amended Patent Law Implementing Rules came into effect on February 1, 2010. The Amended Customs Protection of Intellectual Property Rights Regulations came into force on April 1, 2010. 275. In 2009, local intellectual property bureaus across the country received 937 patent infringement cases, different levels of industry and commerce administrative authorities investigated and dealt with 51,044 trademark violation cases, 541 network infringement cases were
investigated, and 24 cases suspected to involve criminal matters were transferred to judicial authorities. In 2009, customs officers across China took intellectual property protection measures 67,051 times, and confiscated 65,810 infringing goods, compared to 2008, these numbers increased respectively 4.1 and 4.9 times. 276. In 2009, the number of civil intellectual property cases continued to rise and the efficiency of and quality of trials also continued to improve. Local courts across the country received a total of 30,626 new intellectual property cases and issued concluded 30,509 cases – an increase of 25.49 and 29.73 percent respectively. [Courts] concluded total 3,660 criminal cases that involved intellectual property infringement. Among them, 5,836 individuals were impacted by effective verdicts and 5,832 individuals were convicted – an increase of 10.04, 8.31, and 8.28 percent respectively. 277. On June 5, 2008, the State Council promulgated the “National Intellectual Property Strategy Outline.” The Outline specifically sets out five strategic focus points: to improve the intellectual property rights system, to promote the creation and the use of intellectual property, to strengthen the protection of intellectual property rights, to prevent the abuse of intellectual property, and to cultivate a culture of intellectual property rights. The Outline is currently at the full implementation stage. 278. Since April 1, 1985 [when] China’s Patent Law took effective through 2009, the Chinese government has received 4,898,273 Chinese patent applications and has granted 2,643,852 patents (see Table 19). Since 2002, trademark applications saw an annual growth rate of nearly 100,000 times – ranking first in the world for eight consecutive years – and in 2009, exceeded 800,000 applications. 4. Response to the Recommendations in the Concluding Observations Relating to Freedom of Expression (paragraph 68) 279. Chinese citizens enjoy freedom of expression, including the right to criticize any level of government. Pursuant to Article 35 of the Constitution, citizens have
freedom of the speech and the press. Article 41 stipulates that citizens have the right to criticize and make suggestions to any state organ or functionary. China actively promotes open government information and press spokesmen/women system in order to expand the citizen’s right to know and supervise. In China, there are presently more than 2600 television and radio station and more than 2000 types of newspapers. The Chinese government has always encouraged open communication; Chinese citizens’ have channels to access domestic and international information. Many newspapers, magazines, televisions, radios, and websites have discussed different issues freely. However, when academic research, publications, and the Internet are used to spread rumors, defamation, and harmful information, to incite subversion of state power, to overthrow the socialist system, to incite splittism and undermine national unity, to incite ethnic hatred and discrimination, to undermine nationalities unit or other criminal behavior, [individuals] will be punished according to the law. There are similar limitations in the International Covenant on Civil and Political Rights 280. The Chinese government has been actively promoting Internet development and encourages the use of the Internet. The Internet plays an important role on political, economic, cultural, and social life. China’s Internet is open and online discussions are lively. In 2002, Chinese internet users reached 59.1 million; there were more than 370,000 websites, with the international gateway bandwidth to 9,380 Mbps. At the end of 2009, 384 million people were connected to the Internet; the number of websites reached 3.23 million, and the international gateway bandwidth reached 86,6367 Mbps; more than 233 million people were connected to the Internet through their cellphones and the number of bloggers reached passed 200 million. Chinese netizens have viewed information, exchanged information, developed information technology businesses, spread medical treatment information through different websites, forums, and blogs. The Chinese government has combined management of the Internet, self-regulation, and public oversight to raise awareness to improve the capacity [to protect] the public from harmful information, especially to prevent young people from being hurt by harmful information.
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附件一 (Annex 1)
报告撰写跨部门工作组成员单位 Members of the inter-departmental working group preparing the report on the implementation of the Covenant 全国人大常委会法制工作委员会、最高人民法院、外交部、国家发展和改革委员会、教育部、科技部、
工业和信息化部、国家民族事务委员会、公安部、民政部、司法部、人力资源和社会保障部、环境保
护部、住房和城乡建设部、农业部、商务部、文化部、卫生部、国家人口和计划生育委员会、国家安
全生产监督管理总局、国家统计局、国家知识产权局、国务院港澳事务办公室、国务院法制办公室、
国务院新闻办公室、国务院扶贫开发领导小组办公室
Legislative Affairs Commission of the Standing Committee of the National People’s Congress Supreme People’s Court Ministry of Foreign Affairs National Development and Reform Commission Ministry of Education Ministry of Science and Technology Ministry of Industry and Information Technology State Ethnic Affairs Commission Ministry of Public Security Ministry of Civil Affairs Ministry of Justice Ministry of Human Resources and Social Security Ministry of Environmental Protection Ministry of Housing and Urban-Rural Development Ministry of Agriculture Ministry of Commerce Ministry of Culture Ministry of Health National Population and Family Planning Commission State Administration of Work Safety National Bureau of Statistics State Intellectual Property Office Hong Kong and Macao Affairs Office of the State Council Legislative Affairs Office of the State Council State Council Information Office State Council Leading Group Office of Poverty Alleviation and Development
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参与报告征询意见的非政府组织和学术研究机构 Non-governmental organizations and academic institutions consulted during the preparation of the present report 中国社会科学院、中华全国妇女联合会、中华全国总工会、中国残疾人联合会、中国人权研究会、中
国联合国协会、中国民间组织国际交流促进会、中国红十字会、中国计划生育协会、中国藏学研究中
心、中国关爱协会、中国少数民族对外交流协会、中国女企业家协会、中国光彩事业促进会、中国教
育国际交流协会、中国西藏文化保护与发展协会
Chinese Academy of Social Sciences All-China Women’s Federation All-China Federation of Trade Unions China Disabled Persons’ Federation China Society for Human Rights Studies United National Association of China China NGO Network for International Exchanges Red Cross Society of China China Family Planning Association China Tibetology Research Center China Care and Compassion Society China Ethnic Minorities Association for External Exchanges China Association of Women Entrepreneurs China Society for Promotion of the Guangcai Program China Education Association for International Exchange China Association for Preservation and Development of Tibetan Culture
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附件二:图表一至十九 (Annex II: chart one to nineteen) 图表一:2005-‐2009年全国开展职业培训人数(单位:万人次) Chart 1:2005-‐2009, the number of vocational training (Unit: million) Figure 1: 2005-‐2009 Annual Number of People Receiving Vocational Training (Unit: 10,000s)
年 份
Year
各类职业培训 Various types of Vocational Training
其中:再就业培训 Re-employment Training
其中:创业培训 Entrepreneurship Training
2005年 1625 610 51
2006年 1905 645 63
2007年 1960 643 64
2008年 2053 600 81
2009 前 三 季 度(First three quarters of 2009
2000 340 79
合 计 9543 2838 338
来源:中国人力资源和社会保障部 Source: Ministry of Human Resources and Social Security
图表二:2002-‐2009年城市低保基本情况表
Figure 2: 2002-‐2009 Basic Situation of Urban Low Income Benefits
年度
Year
平均低保标准(元)
Average Benefit Standard (yuan)
人均月补贴水平(元)
Level of Per Capita Monthly Subsidy (yuan)
保障人数(万)
Number of People Receiving Benefits
2002 -‐ 52 2064.7
2003 149 58 2246.8
2004 152 65 2205.0
2005 156 72.3 2234.2
2006 169.6 83.6 2240.1
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2007 182.4 102.7 2272.1
2008 205.3 143.7 2334.8
2009 227.8 172 2345.6
来源:中国人力资源和社会保障部 Source: Ministry of Human Resources and Social Security
图表三:2003-‐2009年中国农村居民贫困状况
Figure 3: 2003-‐2009 Proverty Situation on China’s Rural Areas
Source: Ministry of Agricultrue (Note: Since 2008, China raised the poverty standard, the number of rural poor include individuals with low income, prior statistical data included only those in absolute poverty and excluded the low-‐income population)
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图表四:2003-‐2009年中国粮食产量和播种面积的变化
Figure 4: 2003-‐2009 Annual Changes in Food Production and Acreage
来源:《中国统计摘要2010》,中国国家统计局编,2010年5月出版 Source: China Statistical Abstract 2010, compiled by China's National Bureau of Statistics, published in May 2010 图表五:2003-‐2009年主要农产品人均占有量(单位:公斤)
Figure 5: 2003-‐2009 Per Capita Consumption of Major Agricultural Products (Unit: Kilograms)
年份 粮食
Food
棉花
Cotton
油料
Oil
猪牛羊肉
Livestock
水产品
Water Product
s
牛奶
Milk
2003 334 3.8 21.8 39.5 31.6 13.6
2004 362 4.9 23.7 40.4 32.8 17.4
2005 371 4.4 23.6 42.0 33.9 21.1
2006 380 5.7 20.1 42.7 35.0 24.4
2007 381 5.8 19.5 40.1 36.0 26.7
43070 46947 48402 49804 50160 52871 53082
99410 101606 104278 104958 105638 106793 108970
0
20000
40000
60000
80000
100000
120000
2003 2004 2005 2006 2007 2008 2009
万吨
粮食产量 播种面积
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2008 399 5.7 22.3 42.4 37.0 26.8
2009 399 4.8 23.7 44.4 38.5 26.4
来源:《中国统计摘要2010》,中国国家统计局编,2010年5月出版 Source: China Statistical Abstract 2010, compiled by China's National Bureau of Statistics, published in May 2010
图表六:中国城镇居民生活水平变动情况(单位:元、%、公斤/人)
Figure 6: Changes in Urban Resident Living Standards (Unit: yuan, %, kg/person)
年份 可支配
收入
Disposable
Income
恩格尔
系数
Engel
coefficient
粮食
消费量
Food
Consumption
畜肉消费量
(猪肉、牛羊肉)
Meat
Consumption
(Pork, Beef,
Lamb)
禽肉
消费量
Poultry
Consumption
水产品
消费量
Water
Consumption
蔬菜
消费量
Vegetable
Consumption
2003 8472.2 37.1 79.5 23.7 9.2 13.4 118.3
2004 9421.6 37.7 78.2 22.9 6.4 12.5 122.3
2005 10493.0 36.7 77.0 23.9 9.0 12.6 118.6
2006 11759.5 35.8 75.9 23.8 8.3 13.0 117.6
2007 13785.8 36.3 77.6 22.1 9.7 14.2 117.8
2008 15780.8 37.9 22.7 8.0 123.2
2009 17174.7 36.5 81.3 24.2 10.5 120.5
来源:《中国统计摘要2010》,中国国家统计局编,2010年5月出版 Source: China Statistical Abstract 2010, compiled by China's National Bureau of Statistics, published in May 2010
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图表七:农村居民收入水平及主要食物消费量(单位:元、%、公斤/人)
Figure 7: Rural Citizen Income Levels and Food Consumption (Unit: yuan, %, Kg/person)
人均食物消费量
Per Capita Food Consumption
年份
人均纯收
入
Per Capita Net
Income
农村居民家
庭
恩格尔系数
Rural Households
Engel Coefficient
粮食
Food
食油
Oil
蔬菜
Vegetables
肉禽及制
品
Meat and Poultry Products
蛋及制
品
Egg Products
2003 2622.2 45.6 222.4 6.3 107.4 19.7 4.8
2004 2936.4 47.2 218.3 5.3 106.6 19.2 4.6
2005 3254.9 45.5 208.9 6.0 102.3 22.4 4.7
2996 3587.0 43.0 205.6 5.8 100.5 22.3 5.0
2007 4140.4 43.1 199.5 6.0 99.0 20.5 4.7
2008 4760.6 43.7 199.1 6.2 99.7 20.2 5.4
2009 5153.2 41.0 189.3 6.3 98.4 5.3
来源:《中国统计摘要2010》,中国国家统计局编,2010年5月出版 Source: China Statistical Abstract 2010, compiled by China's National Bureau of Statistics, published in May 2010
图表八:2003-‐2009 年新农合参合人口数变化 (亿人)
Figure 80: 2003-‐2009 New Rural Area Insurance Particpants (million)
来源:中国卫生部
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Annex A -‐-‐ cxix
Source: Ministry of Health
图表九:2004—2008年新农合筹资总额情况(单位:亿元)
Figure 9: 2004-‐2009 Total Funding for Rural Area Insurance (Unit: 100 million yuan)
来源:中国卫生部 Source: Ministry of Health
图表十:2004-‐2008年新农合受益人次数(亿人次)
Figure 10: 2004-2008 Number of Rural Area Insurance Beneficiaries (100 million people)
Figure 18: 2005-‐2008 Annual National Financial Investment Growth (Unit: 100 million yuan)
2005 2006 2007 2008
国家财政科技拨款 1334.91 1688.50 2114 2581.8
来源:中国科技部 Source: Ministry of Health
图表十九:1985-‐2009年中国国内专利申请受理和授权年度状况
Figure 19: 1985-‐2009 Annual Domestic Patent Application and Authorization Status
受理件数
Applications
授权件数
Authorizations
1985-‐2004年 1863521 1092549
2005年 383157 171619
2006年 470342 223860
2007年 586498 301632
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2008年 717144 352406
2009年 877611 501786
总计 4898273 2643852
来源:中国国家知识产权局 Source: China State Intellectual Property Office i http://www.lawinfochina.com/display.aspx?lib=law&id=6133&CGid= ii http://www.for68.com/new/2008/6/wa001343847146800210030-0.htm iii http://www.lawinfochina.com/display.aspx?lib=law&id=6536&CGid= iv http://www.lawinfochina.com/display.aspx?lib=law&id=6549&CGid= v http://www.lawinfochina.com/display.aspx?lib=law&id=6666&CGid= vi http://www.lawinfochina.com/display.aspx?lib=law&id=7133&CGid= vii http://www.gov.cn/jrzg/2006-03/27/content_237644.html viii http://hrlsw.blogspot.com/2012/11/decision-of-state-council-on-question.html ix http://www.lawinfochina.com/display.aspx?lib=law&id=2387&CGid= x http://www.chinalawedu.com/news/23223/23228/2007/1/zh53031183719170025555-0.htm xi http://en.ciqcid.com/Laws/Administrative/zjxgxzfg/45950.htm xii. http://www.lawinfochina.com/display.aspx?lib=law&id=6358&CGid= xiii. http://www.lawinfochina.com/display.aspx?lib=law&id=10181&CGid= xiv. http://www.lawinfochina.com/display.aspx?lib=law&id=4975&CGid= xv. http://www.lawinfochina.com/display.aspx?lib=law&id=4547&CGid= xvi The policy refers to a welfare system in which the State provides assistance in food, clothing, medicare, housing and burial expenses.